Wrongful Termination/Breach of Contract

A person can ONLY be a "1099 worker" if they are a legitimate CONTRACTOR.
NO "DRIVER" can be defined as a "CONTRACTOR" under IRS (or any State) Regulations.

 

NOT TRUE, he could be entitled to WC even if the job aggravated an existing condition.

 

Very hard to prove. It's like if you had an heart attack and you smoked for 40 years. Why should the job be responsible?

 

By what I read, sure sounded like he was a contractor. Be interested in seeing how this turns out. I needed an attorney to collect from a deadbeat outfit in Chicago. Best of luck Driver !!

 

Very true..In the comapny I worked for they tried to pass many employees off as b-contractors, therefore did not have to deduct taxes, pay benefits, or W/C...when audited the company got into BIG trouble!

Here's why...the company told them when they had to work, when they took lunch/breaks. (for comparisons sake, lets say they were under forced dispatch) Which made them employees entitled to all the benefits.

The W/C claim may not be hard to prove. If a doctor can say that it is a clot and was aggrevated by sitting long periods of time without elevating (driving)...am not a doctor but it makes sense to me....

 

If they have not already sold the truck yet, you might be able to put a lein on it until you are paid what you are owed.

 

I have found in my personal experience in wisconsin employers can do anything they want to a company driver. Nothing needs to be documented or anything as far as termination. And employers can easily falsify that, that and nothing is the same thing. Regarding medical leave, the same applies you can be told by your employer you will have your job back upon doctors written approval w/ no limitations and then they can turn around and just say they are not hiring. I have yet to see any type of action being taken as far as this. In addition to returning to work in some cases an employer may want you to fill another application out. At the time of going back to an emplyer with your doctors written return to work with no limitations you should be given an aplication on the spot. Not 4 months later when he comes up with the excuse they are not hiring. If the EEOC were doing their job that alone should fall under "discrimination" I also think the FMCSA should make hiring at companies all the same. Ive seen companies that have more dos and donts on an application than some police departments as far as criteria for hiring.

 

Its a state law,whoever you work for there suppose to pay workcomp.