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Faqs | 1. The difference between "Employee" and "independent contractor."
An employee is under the control of an employer, conforming to the employer's set time and venue for the job and how the job will be performed. He is also compensated based on the hours he does his job and reports to the employer. Some employees handle sales in which compensation is based on commission. While independent contractor means an individual compensated based on hourly or salary basis upon completing a job. He owns his own business striving to satisfy all his clients to acquire income for himself and his company. By law, an employer must withhold taxes from an employee's salary. An employee's advantage is that he has a right to acquire unemployment compensation and workers' compensation.
2. Who can experience wrongful termination? Who can file against it?
An employee may experience wrongful termination from its employer. So an employed individual who is terminated illegally can have a legal cause of action for "wrongful termination"
3. What are the types of wage Claims?
If an employee was not well compensated for taking filed overtime, unused vacation time, etc. Types of wage claims include: a. Employee unpaid for overtime. Hourly employees are entitled to be paid overtime by his employer. This overtime compensation is added to the regular salary of the employee. b. Employee's unused vacation time remained unpaid. c. Bonuses unpaid by an employer which an employee had earned for a period of time. d. Unpaid commissions where the employee has substantially performed all the required work to earn the commissions.
4. What is discrimination?
Discriminating an individual because of his race, color, national origin, age (if over 40), sex, religion, disability, etc.
5. What is Severance Pay?
A payment made to an employee by an employer after his job ended. |
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