Refuses to give check

[Kimmipurrington]

Phoenix, Arizona:

My friend Thomas was hired on as a horse trainer/taking care of all the horses. When he first start he sign a paper saying he is getting paid by a 1099 contract..he gets paid on the 1st and the 15th. He recently hurt his back at another job and has been going in and out of the hospital because of how much pain he is in. On Monday 10/27/17 he called out because he was having another back episode and had been rushed to the hospital because he couldn't move. Well his boss fired him, he said oh well whatever and got another job somewhere else that is less back strain for him the same day he got fired. Now today is the 1st of December and he was suppose to get paid from the job he got fired at but the boss refuses to answer Thomas phone calls and refuses to answer his text messages. Thomas wants to go down to the horse property and try to talk to him in person but is afraid he is going to get kicked off the property and not get paid. Is there anything he can do? Does he have a case if he chose to sue?

 

[FlyingRon]

There are a couple of issues here. First is whether he was property an employee or a contractor. The pay rules differ for the two. In most cases an employer can't just punt and call someone an independent contractor (1099) just because it's more advantageous.

If he was legitimately an employee there's a whole 'nuther can of worms here.

If he was legitimately a contractor, it boils down to whether he was paid for the work he was contracted to perform and what it says about termination and inability to perform that work. I suspect, if he was legitimately a contractor and didn't work, he isn't entitled to any money nor continued "employment."

 

[adjusterjack]

On Monday 10/27/17 he called out because he was having another back episode and had been rushed to the hospital because he couldn't move. Well his boss fired him,

Did he work any days prior to 10/27 for which he has not been paid?

As for the independent contractor thing, is he self-employed as a horse trainer/groom, providing services to more than one client, billing by invoice, and filing Schedule C and Schedule SE (self employment tax) at the end of the year?

If yes to that, then he will have to sue for those days he worked and didn't get paid.

If no to that there is more discussion as to whether or not he's been illegally misclassified.

 

[Just Blue]

Phoenix, Arizona:

My friend Thomas was hired on as a horse trainer/taking care of all the horses. When he first start he sign a paper saying he is getting paid by a 1099 contract..he gets paid on the 1st and the 15th. He recently hurt his back at another job and has been going in and out of the hospital because of how much pain he is in. On Monday 10/27/17 he called out because he was having another back episode and had been rushed to the hospital because he couldn't move. Well his boss fired him, he said oh well whatever and got another job somewhere else that is less back strain for him the same day he got fired. Now today is the 1st of December and he was suppose to get paid from the job he got fired at but the boss refuses to answer Thomas phone calls and refuses to answer his text messages. Thomas wants to go down to the horse property and try to talk to him in person but is afraid he is going to get kicked off the property and not get paid. Is there anything he can do? Does he have a case if he chose to sue?

Does Tomas know you are posting his situation on the net?