Can I sue a former employer for creating an invoice from me to him without my permission?

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Can I sue a former employer for creating an invoice from me to him without my permission?

My former employer creates invoices for his employees to sign as 1099 contractors to avoid paying taxes. I refused to create invoices from myself to his company because I was an employee. Then I was terminated. When he sent me my final paycheck, he created an invoice from me to his company just to prove a point and mailed it to me with my check. I never gave anyone permission to create invoices for me.

Asked on April 10, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Were you injured in some way? That is, did this cost you any money? Have you not been paid everything due to you? If you were injured, you may sue; if you were not injured, there is nothing to sue for, since the law requires (effectively) some cognizable injury or loss to support a claim or cause of action.

However, that said: if the proper taxes, unemployment, etc. were not  paid on your behalf, then you *might* have a claim for damages; for example, if the employer did not pay its share of FICA, but rather caused you to pay the "self-employment tax" that's a loss; depending on how much is at stake, it might be worthwhile bringing a claim.

If your employer did not pay the proper taxes, you also might consider blowing the whistle on him to the IRS and reporting his tax cheating.


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