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1099 Employee Rights

On Lawyer & Legal » Employment & Labor Law

5,942 words with 10 Comments; publish: Tue, 11 Jul 2006 18:29:00 GMT; (80078.13, « »)

The state is: Louisiana

Going to put the questions first, since the story behind them is long:

1. Does an employee who is 1099 have any right to see their personnel records with the company they work for?

2. If you are 1099, do you have any kind of recourse if you are laid off for writing a letter to the project manager that you feel sexually discriminated against?

Now what happened:

A friend has been working here doing hurricane recovery. She is a 1099 employee working for an environmental company. I am a suprevisor at the same company. The environmental company is subcontracted through the USACE.

The Mission Manager of the USACE in this location called a management meeting that included one other USACE representative, and 5 of our company supervisors/managers. In this meeting he stated that he did not want any women working out with the contractors by themselves. He stated that the contractors didn't follow the directions of the women, and a male presence was needed. He stated, very clearly, that under no terms was a female to be on a jobsite with contractors by herself. There was also 3 specific contractors whom he wanted to have a handpicked group of male monitors working on. I spoke out at this meeting that I didn't feel that was a correct decision, and that several of the females were our best employees. When I spoke, it was blown off and the decision was made to do it anyways.

This was never told to the employees, just that management was 're-structuring' the way we were staffing contractors. Word leaked out to a few employees the reason for this, and I was approached by one of them. She asked me if it was true, and I honestly was not going to lie for something I didn't feel was right. I told her yes it was. At this point the employee wrote a letter of complaint to me, stating that she didnt feel this was fair or legal, and she felt discriminated on based upon her sex. She had never been spoked to about her performance, and was told daily by the mission manager that she was doing a good job. I passed the letter on to our project manager. She was never notified of any information that came out of this issue.

The other day, our company had to place a number of employees on 'standby'. Which is basically laid off and you will be called back if you are needed. The employee who had filled out the complaint and gave it to me was one of those placed on standby. She had never been talked to regarding her job performance, and had no attendance issues.

I spoke with one of the managers about her being released, and was told that the letter of complaint she had written was "one of the reasons". I spoke later to the our project manager and was told that the letter had to do with it, and his hand was "forced by the USACE". He stated that when the former mission manager from the USACE heard about the letter, he was furious and wanted her moved to a different project here in the same area.

The employee went down to ask about her reasons for being put on standby, and was told that they did not have to tell her any information based upon her being a 1099 employee. However our project manager did tell her that the complaint letter (based upon sexual discrimination) she filed was one of the reasons. She has requested to receive a copy of her personnel files and attendance records. She was again told that because she was 1099, they did not have to show her any personnel records.The state is:

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  • 10 Comments
    • And, since you are not an employee, it is doubtful that the employer even HAS a personnel file on you.
      #1; Tue, 11 Jul 2006 22:46:00 GMT
    • However independant contractors are still not allowed to be discriminated against based on gender are they?
      #2; Wed, 12 Jul 2006 12:08:00 GMT
    • In order to be an individual's employer, the worker must be an employee. Employees have employers; ICs have clients. I know it sounds like semantics, but laws that apply to companies in their dealing with employees are not the same as those that apply to vendors which, in fact, is what an IC is, just like any other vendor providing goods or services as a non-employee to the company.
      #3; Fri, 14 Jul 2006 14:46:00 GMT
    • Quote:
      === Original Words ===

      Independant contractors still have employers, they just don't have the same obligations as if they were traditional employees. But I can't imagine that it's legal to terminate a contractor's position soley because she's female. If it is, that's a rather HUGE loophole in the equal opportunity laws!
      I could have said that better, you are correct.
      #4; Thu, 13 Jul 2006 15:24:00 GMT
    • Ok. But an IC is still protected against discrimination?
      #5; Fri, 14 Jul 2006 15:31:00 GMT
    • Independant contractors still have employers, they just don't have the same obligations as if they were traditional employees. But I can't imagine that it's legal to terminate a contractor's position soley because she's female. If it is, that's a rather HUGE loophole in the equal opportunity laws!
      #6; Thu, 13 Jul 2006 01:44:00 GMT
    • Quote:
      === Original Words ===

      In order to be an individual's employer, the worker must be an employee. Employees have employers; ICs have clients. I know it sounds like semantics, but laws that apply to companies in their dealing with employees are not the same as those that apply to vendors which, in fact, is what an IC is, just like any other vendor providing goods or services as a non-employee to the company.
      there, see, Patty did say it better.
      #7; Fri, 14 Jul 2006 14:58:00 GMT
    • Thank you for such a short answer. I fell asleep reading the question.
      #8; Tue, 11 Jul 2006 21:51:00 GMT
    • It looks like the Feds may the the "employer."
      #9; Thu, 13 Jul 2006 15:11:00 GMT
    • "1099 employee" is a commonly used misnomer. If you receive a 1099, you are not an employee, you are an independent contractor, and have no rights to the "employer's" (actually vendor's) records.
      #10; Tue, 11 Jul 2006 20:58:00 GMT