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Can they with hold pay from both?

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DelanaH

Member
What is the name of your state? Oklahoma
If I am posting this in the wrong place please tell me where I should be posting.

I am asking a question for friends.

Husband and Wife are both contractors (Not employees) of a swimming pool service. Husband cleans pools wife does office work. Husband gives notice of leaving. Company releases him Imeditaly. Company tells wife she will be released in 1 week. Company starts treating wife badly so she tells them she is leaving now. Now company is saying that they are going to with hold husband and wifes pay until husbands paperwork is turned in ( Paper work is for pools he has cleaned and chemical usage and number of cleans) This does not relate to the wife at all, she works in the office.
Question is...... Can they with hold wifes pay too? The are 2 seperate people and do 2 different types of work for the company and recieve 2 pay checks.
 


pattytx

Senior Member
As independent contractors, payment terms should have been covered in the agreement/contract each signed with the company.

This begs the question though for both individuals, but especially the wife, as to whether they actually meet the requirements to be independent contractors, or should they have been treated as employees all along? If so, the state Dept. of Labor can come into play.

http://www.irs.gov/faqs/faq-kw54.html
 

DelanaH

Member
Thank you for the info. I will check out the web site.

I am an ex empoyee of the company so I have seen the company screw a lot of people.

The husband does qualify as a contractor but I really dont think wife does. The Company tends to do that to their people. They force people to be contractors (so they dont have to offer insurance benifets) but they are not allowed do work for anyone else. So Wifes scheduled pay day is friday, if she isn't allowed to pick up her check then she can take legal action?
 

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