final pay and 1099

UPDATED: Oct 1, 2022

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final pay and 1099

I have been employed for the last 4 years by a contractor who gives a 1099. Recently, my boss has let me go due to company not performing well. He however has said he would give me my 2 final checks. Since then he has gone MIA. I haven’t been able to contact him by email, text or phone call. Even though I collect a 1099, can I take him to the labor board? I work exclusively for him and no other contractors and he is my sole purpose of income.

Asked on December 15, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you were a contractor and were paid by a form 1099 as a contractor, then your option or recourse is to sue for the money: as the term "contractor" implies, your work was done pursuant (or according) to a contract or agreement (even if an oral or unwritten one) under which you agreed to work in exchange for pay. If you did the work, he is contracually obligated to do his part and pay you. If not paid, you would sue for "breach of contract," or violating that agreement. If the amount is less than the limit for small claims court, you could sue in small claims as your own attorney or "pro se" to save legal fees. (Also, small claims court is faster than other courts.) If the business was a corporation or LLC, you sue the busienss; otherwise, sue the owner personally.

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 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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