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1099 contractor,time frame to be paid, holidng company property Arizona

On Lawyer & Legal » Employment & Labor Law

3,041 words with 5 Comments; publish: Fri, 20 Mar 2009 14:08:00 GMT; (80062.50, « »)

I work in marketing and for the past two month I have been paid as a 1099 independent contractor. I was hired with the company telling me the intent was within 2 weeks to start me as a full time salaried employee. That never happened and after two months of waiting we mutually decided to part ways.

I have not been paid by the company since Fed 24th, 2009 which included time up until Feb 15th. In addition they owe me $500 plus in expenses from Feb and Mileage from Jan, and $200 from incorrect pay checks previously.

In the beginning I was given a company vehicle and marketing items and still have them in my possession. I understand being a 1099 contractor I am under a different set of laws than an employee. This company has been shady and has a habit of not paying me correctly and I want to ensure I am properly paid this time. What is the legality of holding company property until I am correctly paid?

Also is there a time frame in which the company must pay a 1099 contractor?

I live in AZ but the company is based out of NV.

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    • As an IC, your only recourse for any "wages" due is through the court system.

      Also, they can sue you for property of theirs that you are holding.

      PS Patty, you & I were typing our posts at the same time but you got yours submitted off first.

      #1; Fri, 20 Mar 2009 14:27:00 GMT
    • There is not. You'd have to look to your contract provisions. You may have a breach of contract situation.

      This begs the question, though, if you were properly classified as an IC in the first place. If you would have been doing exactly the same job if you had become an employee, it's likely you should have been an employee from the very beginning.

      What exactly were you selling, where were you selling it, and what type of business is this?

      #2; Fri, 20 Mar 2009 14:23:00 GMT
    • I was hired, or contracted, to launch a new marketing program in AZ. I was responsible for finding, planning and coordinating sampling events and in store demos and hiring employees in my market.

      I was doing the exact same job for the first two month as I would have been doing as a salaried employee. I agreed to be paid hourly for the first few weeks as it is a start up company who was waiting on some additional funds to come in. I made my own hours and worked from my house or in the field as the company is based in Vegas and submitted time sheets every other weeks as well as expense reports.

      #3; Fri, 20 Mar 2009 14:32:00 GMT
    • You can try filing a claim for unpaid wages with the ICA and maybe they will determine that you were misclassified. Or you can bring a small claims action. If you were hiring employees for the company, they are going to be hard-pressed to justify you being an IC.

      Having said that, though, that is just for your wages. There is no law in Arizona requiring the employer reimburse expenses. That would still be a civil claim.

      #4; Fri, 20 Mar 2009 18:59:00 GMT
    • Unfortunately, and stupidly on my part, since it was supposed to be a very short term arrangement there is no contract. Only an affidavit stating that I understand I am a 1099 contractor.
      #5; Fri, 20 Mar 2009 14:29:00 GMT