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MikeB35 last won the day on August 12 2019

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  1. Congratulations are in order for you! Do not slack off from here, keep the momentum!
  2. Hi all, OP's wife here. I have just read through all of the comments on this post and I'm going to respond to save my husband the time. While working for my "employer", I was given tasks that had to be completed by certain times throughout each day. Some required immediate work, others were things that needed to be completed "later". I used only her equipment (with the exception of my phone, which the DOL said is not unusual). I had a company credit card with my name and the name of the business on it. I worked from home during the beginning of the week (when other staff was on location and my presence was not needed as much) and I worked on location during the end of the week, usually Thursday/Friday through Saturday/Sunday. During those times, I was generally the only employee present because the other employees were not available during that time. When I was given the "employee agreement", I was concerned because, up until that point, my boss had always told me I was a private contractor. The agreement stated I would be an employee. This change was a red flag for me and caused me to question whether I had been mislabeled the entire time. I did not want to sign the agreement because I didn't want to face backlash in the future. After speaking with the DOL and an attorney, I was advised by both that I was mislabeled. We chose to contact my old employer with an attorney first because the woman at the DOL said that if we went with an attorney and didn't receive a favorable outcome, we could still open a case with the DOL at a later date. I can tell you that my old employer thought she knew everything there was to know and has never been told no. I'm guilty of never telling her no myself. Until the agreement. At this point, my attorney is prepared to respond to HER attorney's response with proof that I was mislabeled. This will also mean that we will have to file an amended tax return for last year and adapt our filing for this year. I know there is a lot of grey area here, my husband was just looking for help and guidance. While it is a lot of work, if I was mislabeled, I feel I should receive what is owed to me. Even if she decides to settle on an agreed amount, I'm sure the IRS will still investigate her once I file my amended taxes. While I don't care either way about her business in the future, I'm just trying to make sure I'm not cutting myself short anywhere. Thanks so much for the information and the responses. We truly appreciate it!
  3. Yes, she has every clock in, and clock out ever recorded in an excel spreadsheet. That is how we were able to come up with the 2k loss.
  4. @WhoCares1000 I will confirm this tonight with my wife. I may just ask her to keep up on this post. Thank you for offering another take, as well as great information!
  5. That is a very informative article, thank you @WhoCares1000!
  6. This is a great question, thank you for that. She did use all of her bosses equipment, credit cards, systems, pencils, post-its the whole nine. When it came to hours I cannot answer on her behalf, from my observation, say my wife would start work at 9 am. If it was 7:30 and her boss needed something done, i.e. entering information into the system ordering or whatever, she expected my wife to do it RIGHT NOW. I honestly should just have her take over the thread to better explain it then me. Yes, I totally understand this. We are not trying to "take down the man" if you will. At the end of the day as stated above, if she was unfairly taken advantage of we just want what is owed, nothing more. I agree whole with this statement 100% I've read the horror stories online, read the fines and penalty's... it gets very very nasty... I really appreciate the input from everyone, sometimes its easy to get jaded to one side of the story. Having a community that will bring in both sides unbiased really means a lot. It opens your eyes if you will lol.
  7. I thank you all for weighing in on this. I completely understand that there is a lot of grey area in this situation. I want to be very clear this is not about being vindictive and there is no malice behind this. It comes down to if the state or whoever decides she is an employee or not. My wife did speak to a lawyer, this lawyer said she has a VERY strong case, and said he would represent her at the employers expense. I know a lawyer will say anything for the business/money, anything to line his pockets. He did send a letter to my wife's employer, she had her lawyer respond with a very nasty, letter attacking my wife's character, threats, etc. Seemed like another scare tactic to make it all go away. I don't know.. In this down period I wanted to touch base with a collective group of intelligent people who can logically look at the situation and point out anything I may have missed. I like hearing from both sides of the coin because its just more information to retain. As always I respect each and everyone's opinions very much!
  8. My apologies, I wanted to keep it very brief so that in any case this was in the wrong forum It would be directed and I could explain things a little better. So I will do the best I can as the middle man to paint the picture of the situation as then go from there. My wife began working for a woman as her personal assistant, this woman sold cloths online like Facebook etc etc. Lu laroe or whatever those stretch legging are..lol. This job enabled my wife to have a flexible schedule like working from home, and when needed to drive up and stay at this woman house to work. Shortly after working for her the "mother company" if you will sent out a nation wide non compete contract. Sparing all the details of that contract it essentially stated that as of March 2019 either you sign this contract and lock yourself into the company keeping you from starting your own business up to one year after your termination with the "mother company". I would imagine most all of you are familiar with this type of contract or something similar. If not I can explain it a little more later. Anyway, this woman my wife was working for was talking about starting up her own shop. So she refused to sign the contract and dropped out to start her own business. At this point my wife went with this woman to her new company and told my wife that she was going to be a private contractor giving her a 1099. My wife went with the flow because she needed the job, and I also went along with it because I am not versed in this subject just as Brotherkeeper stated. My wife was given daily tasks at the drop of a dime, any time of day that had to be accomplished. 50-60 hrs a week she essentially waited on this woman hand and foot (I say hand and foot sarcastically, but you get what I mean). Fast forward to mid August of this year my wife suggested to me she thought about doing graffic t-shirts, her target was to make shirts for our brewery, or even shirts to sell for this woman. Just the mention of that to this woman she took it all the wrong way and assumed my wife was going to steal all of her customers. So labor day was a Monday, my wife had the day off, at 10 am she received a non compete agreement the same as what this woman got from the "mother company" in an e-mail. She was given 24hrs to sign the contract, in not signing the contract she could not work for this woman. So it forced my wife into a panic struck meltdown, no attorneys, banks, gov buildings are open on this day. To me it seemed like a strategic coup to scare my wife into signing the agreement. Here is the part that makes this all weird and suspicious. This contract referred to my wife as an "employee" all through the agreement. It said nothing of a private contractor. My wife and I began to talk about the situation and I started researching because I was curious. What is considered and employee, and what is considered a Private contractor. Well all of the checklists provided at a state and Federal level pointed to my wife as being an employee not a Private contractor. So I suggested my wife call the department of labor, and she did. My wife didnt even finish this answering this persons questions before they stopped my wife mid sentence and told her, "yea, you're an employee" If she is an employee then she is entitled to her wages not received in overtime. All the other mumbo jumbo involved with an employer falsely classifying and employee like fees and all that we dont want any part of. However once the can is opened it starts a whirlwind of all sorts of legality's. I hope I better communicated the situation to shed some light better. Again I was just looking for either some insight on if its worth perusing of not. The amount owed if she is officially deemed an employee is around 2k in overtime pay. She has every single time card and stamp to show this is true and correct.
  9. Before I get to in depth with this thread I would like to first and foremost make sure this is the correct venue/board. I will briefly describe the situation and if its ok then I will keep it here. Please let me know. This is taking place in Michigan so right off the bat I will ask for any insight from @Brotherskeeper Very short version is my wife worked for a woman performing various tasks, traveling 1 1/2 hrs to her house. She worked for her for over a year, from the beginning this woman told my wife she will be a (private contractor) not an employee. From the very little research I did quickly the tasks my wife did and from her contacting the department of labor she in fact was an "employee". Now armed with this knowledge and with my wife working 50+ hrs a week without getting paid overtime a lawyer suggested we get her lost wages back, and at tax time the IRS will have to get involved. Its just a mess.... Any suggestions/information/insight?
  10. I had to point this out in my case against LVNV. Everything they did was late, so I had to point that out to the judge. In turn, because I pointed that out, he had no choice but to allow my motion to reply. It works out well when you hold the other side accountable on the record.
  11. My apologies Ryan, it was more an assumption on my part. It was not my intention to steer the OP in the wrong direction. I will take note and in the future I will use caution when responding to posts. @heyitsjamieMy apologies to you as well!
  12. The first thing you are going to want to do is identify the Card member agreement for this debt. I could be wrong on my dates, but I believe Cap1 removed arbitration in 2010. Be advised that if your agreement does not have the arbitration agreement, there is a very big chance that you will have to settle the debt. I know, this is not what you wanted to hear.. however it is best you prepare now, rather then last minute. If however, you do have an arbitration agreement, the situation is more favorable for you to pull out a win. Please take a moment when you get home from work, or when you get a break from the day to either look through your old paperwork or search online for the agreement when you "opened" the account, then we can move forward from there. Good luck!
  13. @felisfanaticus Welcome to the community, if you could please make it easier for you and everyone else start your own thread. It keeps things streamlined and organized that way. Thank you!
  14. Just as Harry stated, you can not be sued again, however they have enough with their judgment to persuade the judge to take further action. It may be in your best interest to setup a payment plan that works for you, if you can. It would be far less stressful to pay them rather then them taking a much higher payment right from your bank account. Best of luck, I hope you can come to some sort of middle ground with them.
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