Being a contract driver and or a 1099 employee , should I get a paycheck held back? And if I quit can they hold payment?

Im working for a company as a contract driver the company claims Im a 1099 employee but I never signed any paper work. I received my first paycheck and come to find out they held a week back bi-weekly pay? that was the first red flag of many. Fast forward to today, I’m in the verge of quitting but I don’t want to risk the company not paying me what’s owed.

Asked on October 10, 2017 under Employment Labor Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, an employer may not withhold pay from an employee (or a contractor; what you call a "1099 employee") if the employee quits, unless the employee consented (agreed) to the withholding. If you did not agree, they must pay you; if they do not, you could sue them, such as in small claims court (e.g. as your own attorney or "pro se" to save on legal fees) for the money.


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