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My boss hired our crew STRICTLY stating that we were self contractors and has been paying us as such through a payroll?

Louisiana

Im curious as to if what our boss is performing fair practice; he hires us to complete our scope of work based on certifications. There was never any paperwork involved with any of this and it was my first time 1099. He does not pay time and a half after a 40 hour work week. He filed for PPP loans falsely claiming the correct amount of “employees” he has on payroll. Same rate of pay for 1.5 years now with multiple promises of raises, bonuses, and benefits to persuade us to do more than the scope of work we originally discussed. Again we have to show up to a certain place every day from monday-saturday everyone in my sector gets 50+hrs a week. Im new to the legalities behind everything business as i am currently trying to make my own. How does one deal with this situation?

1 reply

Nov 23, 2021

File suit against him; at the least those promises to pay, even if oral, to the extent that you understood the promises as realistic and genuine, and relied on them in performing more/faster than standard/ more specialized or whatever – then those are contractual obligations that formed, and his failure to follow through could be reversed and enforced – so he could be forced to pay you those benefits/bonuses/raises that he was promising. As to the other, what I would say is similar, file suit, alleging generally he is engaging in illegal and inappropriate behavior, and then drill down to see which practice particularly is the violative one. Just make sure youre ready for the retaliation aspect that ‘biting the hand that feeds’ so to speak, may have. And while some forms of retaliation are prohibited, Not all actions or countermeasures by employers are held to be wrongful retaliation.

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