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Last edited by TheSexKitten; 10-07-2008 at 11:26 PM.




the tutor-guy can get into a lot of trouble if he doesn't pay. payroll taxes, insurance liability, expenses reimbursement, etc. copies of the checks would be very helpful if your bf made copies. keep the emails too.
i'd have your bf send a letter (certified/return receipt) asking for the monies owed and promised. if you don't get a reply (set a reasonable deadline) then contact a lawyer or take him to small claims, depending on the total amount.
but it'll likely boil down to whether your bf will be considered an employee or outside contractor. it'd be a much better situation for your bf if he's declared an employee (labor laws can be very harsh).
if he's declared an outside contractor it's a bit more favored to the tutor-guy. he still needs to pay but labor laws that "automatically" help in the employee situation don't apply. hth
Your boyfriend should send the itemized receipt to Joe with a letter explaining that if the amount isn't paid in full by X date, then the case will go to small claims court. If you know a lawyer, have him look over the letter before you send it. Make sure you do send it certified and get a return receipt so you can prove he got the letter.
And then follow through. You definitely have a case if he doesn't pay.





but it'll likely boil down to whether your bf will be considered an employee or outside contractor. it'd be a much better situation for your bf if he's declared an employee (labor laws can be very harsh).
if he's declared an outside contractor it's a bit more favored to the tutor-guy. he still needs to pay but labor laws that "automatically" help in the employee situation don't apply. hth
I'm with you on this one, snoop. Legally speaking, to use an example that is 'closer to home', the issue is similar to a 'dancer costume salesperson' travelling from club to club and paying cover charges out of their own pocket in order to get into the club so they can try and sell dresses to dancers, and then trying to recover those cover charges from the dressmaker.
If there was some official documentation that the BF was treated as an employee i.e. company checks with taxes withheld, then yes things would be different. However if the BF was paid by personal checks without taxes withheld then it can easily be claimed that independent contractor status applies ... meaning that any 'incidental costs of doing business' would typically be the responsibility of the independent contractor in the absence of a business to business contract stating otherwise.
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