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

Have your dad file a SS8 form with the IRS , they will make a determination and its free , if he filed and paid all his taxes, he will receive a sizeable refund back from the IRS.

 

Keep us posted as if this was all illegal then you might shed some light on the ever ongoing debate

 

If he's not an employee, he ###### sure can be charged for that. Had he went out and found a real job, there were three things that a company could legally do. Fire him, Suspend him or lower his rate of pay... but if he's 1099 and depending on what he signed to get this "job".. he could be on the hook.
And for the record, the humorous part is that ALL people who describe accidents as "little" or "no damage", have almost certainly never been on the receiving end of all the bills that result from these accidents.

 

I would go back to the contract your father signed when starting work for this company. Back in the day when I worked in this kind of arrangements (1099), pretty much all of those contracts had clauses that the driver is responsible for the deductible in case of accident ($1000). I would check on that, if this is something he signed I would argue that that’s what his responsible for. It’s a separate issue if the owner doesn’t want to use his insurance. That’s his decision and your father would still be responsible for that deductible only regardless (if he signed something similar what I used to sign), and the owner would be the one to cover the rest since he wants to preserve his discounts.

 

I would

 

I had one of those little accidents hit me
Prime backed into the drivers fender on my then 2 week old truck
A gouge about the size of a finger
It ended up costing Prime around $14,000

 

I have a question, why does your Father work for companies that only pay 1099 ? There must be a reason behind it.

 

Becuase they think it pays more. Most of the time it doesn't once you add in self employment taxes, health insurance, and 401K match.