Employer negligence. Advice drastically needed.

[Knowledgeseeker]

Can someone please tell me my rights and recommended steps regarding this situation? Any advice would be greatly appreciated.

I have an employer who has breached my contract. I don't know if I should go to a lawyer first, the Department of Labor, a mediator, etc but thought I would start here for some advice. I'm pretty confident that emailing the employer directly would be futile.

Background:
1) Have not paid me the wage agreed;
2) Have not paid me all my wages;
3) Have paid my wages late and/or not paid me regularly;
4) Have not paid me bonus owed;
5) Have not paid me principal or interest on loan (lent the company $10,000 with interest);
6) Have not reimbursed for expenses (over $7,000).

All said, contractually they owe me ~$150,000.

A couple other points worth noting that may change your response:

7) I am not W-2. I am a 1099 Independent Contracter; and,
8) I left on good terms. I was not fired. I requested a three month leave of absence after my house was broken into.

Thank you for any help in this matter.

 

[Patricia_Young]

Assuming you were properly classified as an IC the ONLY option you have is a civil court action. The DOL deals with employee claims only.

 

[Knowledgeseeker]

Thanks Patricia. I have been with the firm over 2 years. I am properly classified...i.e. filled out all the 1099 forms and have paid taxes accordingly.

What is your recommendation for civil action? This is a start up that probably doesn't currently have the funds to pay. Do I still go a head now or wait until the company is in a stronger position?

 

[Patricia_Young]

Seek legal counsel. The amount of the loan alone exceeds the small claims limit in MN. An attorney can give you the best legal advice as to timing.

Just as a matter of semantics, though, you did not have an employer; you had a customer.