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

I don’t know all the rules on 1099 in trucking

I owned a flooring business for 25 years and I used contractors
I couldn’t even put the time on their work orders legally with out it looking like they were employees because that looked like I was telling them what to do

They also had to supply everything for the job. Vehicle. Supplies. Insurance etc

The minute I supplied a vehicle etc then they were considered an employee so I’m not sure and don’t want a 40 page explanation but how a trucker would be any different?

When I got into trucking I had 3 trucks. A driver wanted a 1099 job.
Told him to find someone else as personally I wasn’t going to take that chance

 

I guess what I was saying is just because someone is paid on a 1099, does not make it illegal. It just either is or is not. Almost always, usually, sometimes, etc....does not make it so.

 

Perhaps your father could tell the owner something along the lines of:

I did some research because I thought it wasn't legal to charge an employee for damages to equipment, and I discovered I may be misclassified as an independent contractor. I'm thinking about asking the IRS to make a determination on whether I'm actually an employee and not a contractor.
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If the owner has any business sense, he'll release that check real quick.

 

Almost all ducks quack, but not all. Most birds that quack are ducks.

In this industry most 1099s are less than legal. When the OPs scenario gets posted, most often the employer is doing something shady.

So we have a webbed footed, waddling bird who quacks. It's a duck.

 

That’s why I included the “almost “ right in front of always

 

I get what your sayin but there is those words again. Almost and most, does not make them all illegal.

 

This kind of comment always cracks me up... This damage could cost pretty big bucks to repair.. Just the mirror could cost a thousand bucks, if the mirror was pushed into the door.. thousands more.. the paint? Yeah right... and of course while the truck is in the shop, the rental truck isn't going to be cheap either.

 

You're never going to see that money unless you sue for missclassification and win. Personally, I wish you would if more people who, then fewer companies would pull this kind of stuff. Any victory you have would be phyric, so you would be better off eating the loss and moving on.