D
dc5381
Guest
What is the name of your state? Oklahoma
Please review the following 2 emails, and advise should I pursue further? Email 1: from me to DOL, email 2 from DOL to me.
ORIGINAL EMAIL TO OK DOL: (names edited)
Employee vs. Independent Contractor.
I was terminated on June 16, 2003 by *****, of **, Inc. /**, Inc. Oklahoma City. Since termination it has come to my attention that I may have actually been an employee of **, Inc. / **, Inc. This belief is based on the Oklahoma Tax Commission Common Law employees document and the IRS publication # 1799.
I started working for ** in 1984 as a driver, moved to owner-operator, then in August of 2000 I took a position in the office as night dispatcher, on January 29, 2001 I moved to recruiting manager. Company driver, dispatcher, and recruiting manager positions all on regular company payroll.
October 1, 2001 Mr. **, VP of company, signed contract stipulating salary and 2 weeks notice prior to termination. This contract was renewed with me personally in August 2002 by ** thru **, Safety Director, with a 4% raise.
During 2001 thru 9/30/02 **, Inc. / **, Inc paid 100% of my health insurance premiums. The insurance claims were paid through the company's health care administrator SYSCO. This included a major surgery in January 2002. ** came to me in Sept 2002 and informed me he needed to change my insurance coverage to a dependent of my husband, and we would have to pay the premium, since covering me on my own policy could present a problem. I declined his offer since he had always paid 100% of mine and my husband's premiums in the past.
The duties I performed and requirements never changed from when I was on regular company payroll.
On May 21, 2003 I was selected for a random company drug screen, I took test and passed.
On June 16, 2003 ** terminated me, handed me my check, saying that I was paid thru today. No notice given, and only reason given for termination was "I can not tolerate emails like the one you sent", I can produce a copy of email in question and his emailed reply.
On June 25 or 26 2003, I spoke with **, Inc. / **, Inc on the phone, *** operations manager, about the vacation pay. He indicated he would check with owner and get back with me. He never returned call. I called again the following week, same response.
On July 21, 2003 I spoke with the comptroller for **, Inc. / **, Inc. about the same situation, she stated she would check into it and call me back, I did not heard from **, inc. / **, Inc. by close of business July 22, 2003.
On July 23, 2003 I emailed and faxed a request for the 2 weeks notice pay, 4 days vacation pay from unused days in 2002, and 1 week earned vacation pay for 2003. No direct response from ** , Inc. / **, Inc. as of this date. Although I did receive a message thru my husband, who is still employed there as the local driver, my husband was informed this morning July 28, 2003, by the safety director and my direct supervisor, that I was not under a contract, that the contract had expired and ** did not owe me a thing.
I don't understand how the company can have it both ways, either I was a contractor or I was an employee. If a contractor then the contract needs to be honored, if an employee then standard payroll deductions should have been taken and paid to the proper authorities, I should have been covered under Workman's Compensation, and my vacation pay should have been paid. If a contractor then why was I subject to set attendance times & days, pay docked for doctor's appointments, required to request time off from supervisor, required to attend company staff meetings, etc.?
I have documentation showing where the company indicates I was an employee, including the company website, and other internet sites listing me as recruiting manager, drug screen receipt, insurance certificate of coverage. These can be faxed, emailed or copied and fed-exed if needed.
I do not want to receive unemployment, as I am trying to get a new business off the ground, but I would like the monies I feel I am owed.
I would like to know your recommended course of action to resolve this matter.
Thank-you for your time and consideration,
Sincerely,
*******
_____________________________
RESPONSE FROM OK DOL:
If you were not an owner operator at the time your employment was terminated, you are an employee. We can mail a claim form, you can pull a wage claim form from our website at www.okdol.state.ok.us, complete it, have it notarized and mail it in. Or, you can file at our office in person.
Call me at ******** if you have any questions.
*********
Senior Compliance Officer
Wage and Hour Unit
___________________________________________
Should I pursue this further or just leave it to the DOL
thanks for the input
Please review the following 2 emails, and advise should I pursue further? Email 1: from me to DOL, email 2 from DOL to me.
ORIGINAL EMAIL TO OK DOL: (names edited)
Employee vs. Independent Contractor.
I was terminated on June 16, 2003 by *****, of **, Inc. /**, Inc. Oklahoma City. Since termination it has come to my attention that I may have actually been an employee of **, Inc. / **, Inc. This belief is based on the Oklahoma Tax Commission Common Law employees document and the IRS publication # 1799.
I started working for ** in 1984 as a driver, moved to owner-operator, then in August of 2000 I took a position in the office as night dispatcher, on January 29, 2001 I moved to recruiting manager. Company driver, dispatcher, and recruiting manager positions all on regular company payroll.
October 1, 2001 Mr. **, VP of company, signed contract stipulating salary and 2 weeks notice prior to termination. This contract was renewed with me personally in August 2002 by ** thru **, Safety Director, with a 4% raise.
During 2001 thru 9/30/02 **, Inc. / **, Inc paid 100% of my health insurance premiums. The insurance claims were paid through the company's health care administrator SYSCO. This included a major surgery in January 2002. ** came to me in Sept 2002 and informed me he needed to change my insurance coverage to a dependent of my husband, and we would have to pay the premium, since covering me on my own policy could present a problem. I declined his offer since he had always paid 100% of mine and my husband's premiums in the past.
The duties I performed and requirements never changed from when I was on regular company payroll.
On May 21, 2003 I was selected for a random company drug screen, I took test and passed.
On June 16, 2003 ** terminated me, handed me my check, saying that I was paid thru today. No notice given, and only reason given for termination was "I can not tolerate emails like the one you sent", I can produce a copy of email in question and his emailed reply.
On June 25 or 26 2003, I spoke with **, Inc. / **, Inc on the phone, *** operations manager, about the vacation pay. He indicated he would check with owner and get back with me. He never returned call. I called again the following week, same response.
On July 21, 2003 I spoke with the comptroller for **, Inc. / **, Inc. about the same situation, she stated she would check into it and call me back, I did not heard from **, inc. / **, Inc. by close of business July 22, 2003.
On July 23, 2003 I emailed and faxed a request for the 2 weeks notice pay, 4 days vacation pay from unused days in 2002, and 1 week earned vacation pay for 2003. No direct response from ** , Inc. / **, Inc. as of this date. Although I did receive a message thru my husband, who is still employed there as the local driver, my husband was informed this morning July 28, 2003, by the safety director and my direct supervisor, that I was not under a contract, that the contract had expired and ** did not owe me a thing.
I don't understand how the company can have it both ways, either I was a contractor or I was an employee. If a contractor then the contract needs to be honored, if an employee then standard payroll deductions should have been taken and paid to the proper authorities, I should have been covered under Workman's Compensation, and my vacation pay should have been paid. If a contractor then why was I subject to set attendance times & days, pay docked for doctor's appointments, required to request time off from supervisor, required to attend company staff meetings, etc.?
I have documentation showing where the company indicates I was an employee, including the company website, and other internet sites listing me as recruiting manager, drug screen receipt, insurance certificate of coverage. These can be faxed, emailed or copied and fed-exed if needed.
I do not want to receive unemployment, as I am trying to get a new business off the ground, but I would like the monies I feel I am owed.
I would like to know your recommended course of action to resolve this matter.
Thank-you for your time and consideration,
Sincerely,
*******
_____________________________
RESPONSE FROM OK DOL:
If you were not an owner operator at the time your employment was terminated, you are an employee. We can mail a claim form, you can pull a wage claim form from our website at www.okdol.state.ok.us, complete it, have it notarized and mail it in. Or, you can file at our office in person.
Call me at ******** if you have any questions.
*********
Senior Compliance Officer
Wage and Hour Unit
___________________________________________
Should I pursue this further or just leave it to the DOL
thanks for the input