I worked for a company for two days, and because I didn’t provide my Social Security Number I was let go, which I don’t have a problem with. On the application I provided an Employer Identification Number from my company (LLC) that I use, but they still refuse to pay me for those days. They said that unless I provide them with my SSN or include their company as an additional insured on my company insurance, that I wasn’t going to get paid for those days. Is this legal for them to do?
Ann F. Kiernan replies:
If you were an employee, then you must provide your Social Security Number, and refusal to do is a lawful reason for termination. I am not a tax lawyer, but as I understand it, the employer still must pay you, and make deductions as if you were filing as single, no dependents. Both you and the employer can be fined by the IRS.
But if you were really an independent contractor, then your rights are governed by the terms of your agreement with the company. Requiring contractors to add customers as additional insureds is a common practice. If you are unwilling to do that, your recourse would be to sue the company. While some jurisdictions allow businesses to represent themselves in some lower courts, such as small claims, not all states do. So, depending on where your business is located, you may have to hire any attorney to represent you, which will probably cost more than the amount you are suing for.
Posted 01-25-2021
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
