What to do if I was a W-2 employee and was changed to 1099, do I have any legal recourse to ask to see copies of my employer’s commission checks?

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What to do if I was a W-2 employee and was changed to 1099, do I have any legal recourse to ask to see copies of my employer’s commission checks?

I was given 3 days notice of the change. I was told I would earn a weekly salary and be paid on commission. When I receive commission, I am given a “bland” statement of what my employer has received for commission and then I get paid commission on what he has received. I know that what he has received in commissions is not what they are sending me stating what they have been paid. My “statement” is typed out. I know for a fact that I am not receiving all of the money I am owed as I had suspected this and was told by a former employee that handled the company’s books until Friday that they were told what to send me claiming receivables and leaving off portions of income.

Asked on October 2, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You do have legal recourse, but it would require suing your employer. Whether as an employee or as an independent contractor, you are entitled to be paid as per the agreement, written or oral, explicit or implicit, between you. If you believe you are not being paid all that you are due, you could sue your employer; in the course of that lawsuit, you could use legal mechanisms, called "discovery," to obtain the information or documentation you are interested in.

 


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