What can I do if my boss holding part of my income every check?

UPDATED: Sep 30, 2022

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What can I do if my boss holding part of my income every check?

I am given a W2 and 1099 from the same company. My boss decided to only give me partial salary check and has stopped giving me my 1099 pay check for the past 4 1/2 months. He

gave me a note on the first check when he started this that said, ‘I will pay you when the practice has money.’ Since then, he owes me a total of $8,000.00 that he hasn’t paid. There is

nothing written such as a contract. I have a 10 year of history of the same 1099 checks. I am not an owner or a partner.

Asked on March 29, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your employer has no right to do this: legally, he must pay you in full when you do the work, not when it is convenient for his cash flow. You can file a wage and hour complaint for the unpaid employee (W2) wages with the state department of labor; they may be able to help you get that money. If they can't, you could sue him for it; you could also sue for unpaid 1099 wages--the labor department has no powere to help collect those, BUT note that it is almost impossible to conceive that the same employee could be simultaneously paid as an employee (W2) and independent contractor (1099) by the same employer: it is much more likely that you are entirely an employee and all your compensation should be on a W2 basis. That is something to discusa with the labor department and, if you have been mischaracterized and mispaid, that may be another component of a wage and hour complaint.
Act quickly: no mattet what your legal rights, you can't get money if there is none, and if the company is failing or the owner is pocketing and hiding funds, you don't want to wait until all the money is gone.
As a practical matter, you should probably also look for new emoloyment: either this business is in trouble or the owner is cheating you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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