didnt get payed what was promised
i recently joined a courier job. the owner had promise me gas money plus good pay raging from 300 to 500 dollars a week. well i worked my first week and put 1000 miles in my car put 150 dollars in gas. when the week was over the boss didnt pay me. i told him i wasnt gonna be able to do the monday deliveries do to lack of money. well i didnt do the deliveries and therefore i got terminated wich is fine but when i got my check for the weeks worth it was 25 dollars. he previously payed me 90 that doesnt even cover the gas. is there anything that can be claimed? i didnt sign no papers though or a w2 form what proof do i need aswell?
1 answer | asked Sep 27, 2005 12:52 PM [EST] | applies to Florida
Answers (1)
Dear Steve,
Your situation triggers several issues. To begin with, for a variety of reasons, many courier companies vigilantly attempt to classify their drivers as independent contractors, rather than employees. (I know of at least one such company that makes its drivers wear shirts that read on the back, "I am an independent contractor.") However, just because an employer labels you an independent contractor does not necessarily make you one. An employer cannot just label all its employees "independent contractors" and wash its hands of having to comply with employment laws. Whether someone is an employee or not is determined through a factual analysis of their situation. Basically, a court ignores an employer's labels and instead looks at whether you were, in reality, an employee. I would need to know more about your situation to determine whether you really were an employee, but on the surface it sounds like you may have been one, regardless of whether you completed a w-2 form.
If you indeed are an employee, it sounds like your employer may have violated minimum wage laws. Florida's is currently $6.15 an hour, I believe. Generally, an employer must pay you minimum wage "free and clear"- that is deductions cannot take your actual pay rate below minimum wage. I would have to know more about the facts to give you more concrete answers. If you wish to contact me, my info is below.
Very truly yours,
Dion J. Cassata, Esq.
Cassata & Hanson, P.L.
1250 E. Hallandale Beach Blvd., Suite 607
Hallandale Beach, FL 33009
Phone: (954) 364-7803
Facsimile: (954) 251-4787
www.cassatahanson.com
posted by Dion Cassata | Sep 27, 2005 2:14 PM [EST]
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