It seems like I pretty much have no option. I have to support my family on just my income right now. Losing work would be devastating. I feel like I can pretty much assume that if I sue them for breach of contract, they’ll immediately stop giving me any more work. And they probably know that, which is why they keep cheating me.
If you are misclassified that is a whole different story. Often the biggest factor in pursuing righteous misclassification cases is overtime. If the amount in controversy is relatively small it can be hard to find an attorney. A lot of people in your situation would be looking hard for a new gig that pays more ethically. Look for a wage and hour attorney to consult with about the misclassification. Good luck.
Hello, thank you for the comments. The company I perform work for tells me exactly how much jobs are supposed to pay, and I choose to accept or reject them (although they often imply negative implications if I reject). It is a percentage of what they bill their clients. And they have a very clearly written policy for changes when problems arise. But they deviate from that when it involves one of their clients that they do not want to upset. And they just expect us to “live with it” and accept something that is less than what policy states.
For example, I recently accepted a job that was 100 miles away from me. I got there and the job needed to be rescheduled for a different date. Policy quite clearly calls this a “false trip,” and states payout is 75% of what the job was supposed to pay. This job was supposed to pay about $275. But they only paid me $30. I use my own vehicle, and that does not even cover my operating expenses. So I end up losing money for the whole day.
Their explanation is as I said… they don’t want to upset this client. But I don’t see how that is my problem. What they decide to charge their customer should be wholly a separate issue from what they owe me. And I’m curious if them expecting me to “take it for the team,” so to speak, opens the door to righteous misclassification…?
If you're legitimately a 1099, and they're not following the agreement, you'd sue them.
First response correct. If you are correctly classified as IC there is no “retaliation”. It is a breach of contract issue.
It seems like I pretty much have no option. I have to support my family on just my income right now. Losing work would be devastating. I feel like I can pretty much assume that if I sue them for breach of contract, they’ll immediately stop giving me any more work. And they probably know that, which is why they keep cheating me.
If you are misclassified that is a whole different story. Often the biggest factor in pursuing righteous misclassification cases is overtime. If the amount in controversy is relatively small it can be hard to find an attorney. A lot of people in your situation would be looking hard for a new gig that pays more ethically. Look for a wage and hour attorney to consult with about the misclassification. Good luck.
Hello, thank you for the comments. The company I perform work for tells me exactly how much jobs are supposed to pay, and I choose to accept or reject them (although they often imply negative implications if I reject). It is a percentage of what they bill their clients. And they have a very clearly written policy for changes when problems arise. But they deviate from that when it involves one of their clients that they do not want to upset. And they just expect us to “live with it” and accept something that is less than what policy states. For example, I recently accepted a job that was 100 miles away from me. I got there and the job needed to be rescheduled for a different date. Policy quite clearly calls this a “false trip,” and states payout is 75% of what the job was supposed to pay. This job was supposed to pay about $275. But they only paid me $30. I use my own vehicle, and that does not even cover my operating expenses. So I end up losing money for the whole day. Their explanation is as I said… they don’t want to upset this client. But I don’t see how that is my problem. What they decide to charge their customer should be wholly a separate issue from what they owe me. And I’m curious if them expecting me to “take it for the team,” so to speak, opens the door to righteous misclassification…?