Discriminated against by employer, EEOC can't accept claim because I accepted 1099 payroll option, but was never paid as a result of "hiring" discrimination.
I strongly recommend that you talk to an employment discrimination lawyer immediately. Many employers misclassify their employees, and unless you show otherwise, the EEOC might treat you as an independent contractor who cannot sue for discrimination. An experienced employee-rights lawyer can convince the EEOC that you actually meet the legal definition of an employee. That way, it will not matter that the employer treated you otherwise. But you need to act quickly, as the period for suing as an employee is short. The IRS publishes a guide, the SS-8, which asks the basic questions used to determine if you're an employee or 1099 contractor. I've provided a link below. Also, please take a look at the publications on my main profile page. If you scroll down, you will find a link to some things I've written about misclassification and the rights that you have if you have been misclassified. These can be fantastic claims.
I also recommend that you speak to an employee rights lawyer who specializes in representing employees. There are many great lawyers out there who practice in my field, but some of them specialize in defeating employees, not helping them. You need to make sure you are talking to one who, like my firm, helps employees. That career outlook makes a difference, or can, in the advice you get. Good luck. You need expert advice immediately.
WONDERFUL DISCLAIMER HERE ABOUT MY POSTINGS: Internet forums are a great place to start, but they're never a substitute for real conversations. The back and forth in a conversation with a lawyer is what allows the lawyer to separate the important from the unimportant and zero in on the right problem and the right answer. Thank you. Jim
Much more information is needed to properly evaluate this, so have a local employment lawyer investigate
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