Company owner didn't mail last paycheck due to an accident.

In a nutshell, if a driver doesn't own the truck then he is an employee who should be paid on a w2.

Even if a driver owns the truck, if they don't have control over their dispatch, then they are an employee.

 

I was unaware that paying someone on a 1099 was illegal. Care to elaborate?

 

You have no recourse in the state of Florida, regardless of how you were being paid. You will have to file a report with the Feds..I can’t remember the agency you need.

Fact is in FL there are no laws requiring your employer to pay you your last check.. I’ve been through this before and walked away from $5k.

 

There is no such thing as a "1099 employee.".

 

Didn't say there was that I recall. You get paid as an independent contractor. My question was why is it illegal to pay someone that way

 

End of the first paragraph-"The only problem is that it is often illegal."

 

Or see

Thoughts on 1099 jobs vs W2?

 

I guess I am missing something. I get the 1099 vs W2 thing. But what would make it illegal to pay an independent contractor on a 1099?

 

Misclassification as independent contractor. If you work exclusively for one company you are an employee.