Can this person be paid both ways from the same company?
The simple answer is yes, it can be possible. The employee (W-2) portion is easy. The person is an employee of the company. The 1099 portion is more difficult because there are certain criteria that MUST be present for a person to be considered an independent contractor). Look up the IRS document on independent contractors for the particulars.See question
I no some one who gets payed under the table and its bout 6 people who works in the corner store and they get paied every week but out of the 6 one gets paied more and its not reported to the irs and they work more then 40 hours a week
Getting paid under the table is unlawful and dangerous because there is little to no protection should you get injured at work, Furthermore, the Florida minimum wage is $8.10/hr. We handle many cases like this every year.See question
I am suing my former municipal employer on a whistleblower case. I reported a theft and was fired a week later. Nonetheless they have countered by filing a Proposal for Settlement for a minimal amount of $25 and it also waives my rights to sue the...
Ask you attorney for his "professional opinion" regarding the issue of attorney's fees. Then make your decision based upon his "professional opinion."See question
I've started working with metro for a week and then all of a sudden they stop putting me on the schedule they gave me a run around , telling me they gonna call me back and never do. That been going on for 3 weeks. I text the main manager who hired...
Move on and find a new job. You've been constructively discharged/fired.See question
I work in the deli. And doc or recommened I be switched to different dept.
No, your medical history is private, unless, you are asking for a special accommodation. If you asked to be moved to a new department after a surgery, your employer may ask you about what your "needs" are in order to try and accommodate you.See question
About a year ago I was arrested for shoplifting. (my second time, no jail time) and was set to probation till 19, I got off early because I did everything I was supposed to, paid my restitution fees and did community service and what not. At the t...
The answer to your question can be found in the probation documents. Was paying the public defender a condition of your probation? You should call the public defenders office before you tun 19 and ask them what you can do. They may waive the fees.See question
Ok so a couple days ago I went into this tattoo shop I always go into to get a cover up tattoo , I'm pretty familiar with the place I have an apprenticeship going on there..(they didn't ID me or make me sign anything ,they never do) ... So while I...
You can always sue someone. The question is, can you win? What was the understanding of the agreement between you and the artist? How would you prove your case in court? Those are the kind of ideas you need to think about and put in your follow up on this topic.See question
I work in a restaurant in Orlando, and was just notified that if any employees forget to clock out, we will be charged $1 each time. Can my employer really do that?
The simple answer would be no. However, if your employer pays you more than the minimum wage for every hour you work, he would not be breaking a law if the $1 deduction did not lower your wages below the state minimum of $8.05/hr. But, you most likely make tips plus an hourly wage. If the $1 deduction lowers your wage below the minimum for a server ($5.03/hr.) then he did break a law. It's not simple but we litigate these cases all the time.See question
I managed a golf club with a restaurant. I have repeatedly warned the chef about her bad temper and anger management issues. In looking back at her work history the last manager has had the same issues with her. I need to act no more warnings
I agree with Mr. Tobin, but would like to and that you should counsel the chef and document the counseling. The documents can be used to fight any claim she may have for unemployment compensation should you terminate her employment for cause. You should consult with a Florida Restaurant Law attorney who is familiar with the hospitality business.See question
I'm in such a heck of a situation here, I'm working for a boss who is basically violating so many health and safety regulations. I work at Subway and my boss is basically making me change date labels on food passed 2 to 4 days old, placing old foo...
If your boss is asking you to break an law (not a subway policy but a law) you can refuse to follow his requests. If he retaliates against you for refusing to follow his requests, you can take him to court pursuant to the Florida Whistleblower Act.
When he lowered you hourly wage, he did not break a law, but he basically fired you and rehired you at a lower rate.
Do you live together with your girlfriend? If you do, you may be entitled to FMLA leave. However, the facts you state do not say how long you worked for your employer and how many other employees he has.
Does your employer pay you overtime? Does he pay you for all of the hours you work? You should contact a Labor and Employment attorney and speak with him as soon as possible to see if you have a case.See question