Michael J. Bace’s Answers

Michael J. Bace

Boston Litigation Lawyer.

Contributor Level 9
  1. 1099 contractor and how paid

    Answered 12 months ago.

    1. Michael J. Bace
    2. Alexander D Fotopoulos
    3. Jefferson W. Boone
    3 lawyer answers

    You are likely misclassified as an "independent contractor", but more facts are necessary and you should call an attorney Monday to discuss. Most, like our firm, will speak with you for a free consultation. The crux of it is, what benefits, wages, unreimbursed expenses, minimum wages, tax benefits, etc...are you missing out on as result of being misclassified? If they exist, you may be entitled to triple damages. As to the "debt" there may be an argument to be made that the written...

    8 lawyers agreed with this answer

  2. Employer withholding last paycheck after i resigned from my job.

    Answered 7 days ago.

    1. Danielle M. Callahan
    2. Michael J. Bace
    3. John Laughlin Fink
    4. Christopher W. Vaughn-Martel
    5. Matthew A. Slater
    5 lawyer answers

    No. You must be furnished with all owed wages at the end of your employment; terms of any agreement that attempt to change that scenario are unenforceable. If an employer refuses to give you those earned wages, you are entitled to three times the amount. I suggest you call an employment litigator as soon as possible - there may be other issues as well. Most, like my office, will speak with you for free and may take your case on a contingency based fee.

    6 lawyers agreed with this answer

  3. I am independent contractor whose company's owner is withholding my final paycheck unlawfully and need to know my options.

    Answered 12 days ago.

    1. Michael J. Bace
    2. Michael A. Goldstein
    3. Matthew A. Slater
    3 lawyer answers

    It's almost impossible to be correctly classified as an independent contractor in Massachusetts. More than likely, regardless of whatever you signed, you are an employee - as a matter of law. This could result in you being entitled to overtime compensation, reimbursement for expenses you paid out-of-pocket, gas, vehicle maintenance, etc... If you are actually an employee, you must be paid all owed wages upon termination - the failure of the employer to pay your final wages entitled you to...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can my boss 1099 me as a tshirt warehouse worker and salesman?

    Answered about 1 year ago.

    1. Michael J. Bace
    2. Judith A Miller
    3. Deborah Gwen Roher
    4. Paul Alan Manoff
    4 lawyer answers

    Probably not. It is nearly impossible to be a correctly classified "independent contractor" here in Massachusetts, particularly if you are engaged in precisely the work that your employer conducts as a regular part of their business. The real question is, how have you been damaged as a result of your potential misclassification? Did you ever work in excess of 40-hours in a particular workweek? Contact a lawyer here in MA, most will speak with you for a few moments or give you a free initial...

    5 lawyers agreed with this answer

  5. If my commision pay does not meet minimum wage should my employer be making up the difference?

    Answered 4 months ago.

    1. Randy Jay Harvey
    2. Michael J. Bace
    3. Erik Hammarlund
    4. Marc A. Strange
    4 lawyer answers

    You should call a plaintiff's lawyer in MA today. Most, like my office, will speak with you for free to evaluate your potential claim. You're likely entitled to minimum wage, and in MA, you're likely entitled to three times your unpaid wages.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. My boss fired me without giving me a paycheck that day. What can I do? ( In MA)

    Answered 7 months ago.

    1. Michael J. Bace
    2. John Laughlin Fink
    3. Danielle M. Callahan
    3 lawyer answers

    If you're not furnished with everything you're owed on the last day - you are likely entitled to three times that amount for the employer's failure to comply. I would recommend you call an employment litigator, many others in MA - to review the entire situation before you take any next steps. There may be other issues as well.

    4 lawyers agreed with this answer

  7. Do I have any legal options if my employer has been changing the number of hours I work?

    Answered 12 months ago.

    1. Michael J. Bace
    2. Lauren Craig Redmond
    3. Judith A Miller
    4. Paul Alan Manoff
    5. Shahria Helena Boston
    5 lawyer answers

    Your employer cannot "change" the amount of hours you've actually worked. Failure to pay you properly, may entitle you to three times your owed wages plus an award of reasonable attorneys fees. You also cannot be terminated for hiring a lawyer to resolve the situation. I suggest you call an attorney tomorrow; most, like my office, will speak to you for a free initial consultation. Bacelaw.com/blog

    4 lawyers agreed with this answer

  8. My employer hasn't paid me my paycheck for the pay period May 15th to May 30th. What are my rights? Can I get my money?

    Answered about 1 year ago.

    1. Michael J. Bace
    2. Cheri L Crow
    3. Jeffrey M Feuer
    3 lawyer answers

    You are likely entitled to three times the unpaid wages, plus an award of reasonable attorneys fees that are required to recoup those wages. The fact the business has closed is likely immaterial, as the owners are liable in their personal capacity. I would be happy to speak with you by phone, and you should contact an attorney a s soon as possible for an initial review of the circumstances.

    4 lawyers agreed with this answer

  9. I work for a mystery shopping company who refuses to pay their shoppers for their work for ridiculous reasons. This company

    Answered 11 months ago.

    1. Michael J. Bace
    2. Erik Hammarlund
    3. Deborah Gwen Roher
    3 lawyer answers

    I suggest you call an employment litigator here in MA without delay - most firms, like mine, will speak to you for free for an initial consultation, and may even take your case on what's called a "contingency fee basis," which means you pay no legal fees until/unless there is a recovery. More information is required to give you a sense of your rights and potential courses of action. However, if you are misclassified as an independent contractor, the unpaid bills may be "wages," which could...

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  10. My employer has not been deducting taxes from my paycheck. I am given 1099 forms for every year.

    Answered 9 months ago.

    1. Michael J. Bace
    2. Peter L Thompson
    3. William V. Hoch
    3 lawyer answers

    Most likely, you are misclassified as an independent contractor. If the work you perform is within the scope of the regular course of business of the company, you're an employee, regardless of the contract you sign. You are entitled to overtime pay, the value of unreimbursed expenses, and the other benefits of employment. As to withholding, the employer is required to comply with tax regulations.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful