Answers Posted By John Skinner

Answer to Non payment, 1099 work

It sounds as if you MIGHT not fully meet the test for an Independent Contractor. We would have to discuss the issues with you over the phone to explore that since it would open up a whole new can of worms for you and your employer as well as dictate your rights in this situation.

GENERALLY, if you truly are a 1099, then there isn't much you can do here except work elsewhere. On the other hand, if you are really an employee, then you are not only protected with a whole host of rights for these violations, but your employer is in serious tax trouble. Please give my office a call this week to discuss 603-384-3849.

posted Feb 1, 2015 12:19 PM [EST]

Answer to Can I seek legal advice for being discharged for being sick?

Unless you had opened an FMLA or ADA claim previously, and could frame this scenario in terms of violations of those laws, or RSA 354-A, most likely, this does not qualify under any statutory claim for unlawful termination. If you have additional facts for a retaliation claim, that could change the analysis too.

HOWEVER, this is kind of behavior is clearly against good public policy. We might be able to take your case on those grounds. I'm interested in learning more about how me might be able to help. Please call or email for a free consultation.

posted Oct 28, 2012 10:50 AM [EST]
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