How can I get a former employer to pay me what he owes me as a 1099 contractor?
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How can I get a former employer to pay me what he owes me as a 1099 contractor?
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I was a 1099 sub contractor for a California Based Corporation. Upon leaving this company I was owed near the sum of 10,000 dollars US still. The corporation's business license is suspended and the owner states he's no longer doing business as the corporation but as a sole propriotership of the same name. I was told that to sue him directly I would have to pierce the corporate vail, which would be easy as he basically used the business accounts as his personal accounts as well. It has been 2 months and I have not received any information back from him as to when payment would first be made. He is making some false accusations against me such as that i defamed his character by telling someone i wrote him a bad check, which I never said but if i had it wouldn't be untrue because more than once when attempting to deposit a check was told there wasn't funds in that account to cover it (checks hadn't cleared or funds needed transferred etc).
As I understand as I was contracted with the business and the business license is suspended he can't make any retaliation against me (not that he could, but it saves me the trouble.) I just need some additional advice.
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michr
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you were not an employee so the department of labor standards enforcement is not an option so all you can do is sue him.
i seldom suggest an attorney as the first step to take (actually never have until now) but in this case.............
retain really good counsel and get your restitution along with a nice chunk for the attorney and a little something extra for your trouble.............. |
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garykung
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Your can't really do anything.
You are independent contractor with the company. If the company owe you money, you can sue the company, but not the owner. Owners or shareholders are exempt from liability from the corporation.
You can declare bankruptcy for the prior corporation. If there is anything left, you can ask them to repay you. |
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