I am a golf professional. I am technically a 1099 employee. But I have worked for the same company for 8 yrs and had to sign a non compete so I can not teach anywhere else or I will be terminated. I get paid 900$ a week but because of the corona virus we can only teach one on one lesson for now. He has stopped paying salary and only paid me 25$ a hr for any lesson I can get to come. He has me on a 1099 so he can save on taxes .First question is it legal to reduce my salary if the doors are still open and im at work. Second question can I get partial or full unemployment because I am a full time employee of the academy. Thank you for any help because my family will be on the streets if I cant do something quick
1 Answer from Attorneys
First, if they are paying you pursuant to a 1099, they are taking the position that you are not an employee. However, given the facts you stated there is a decent chance you would be considered an employee by the Department of Labor and could qualify for unemployment.
Second, whether they can reduce your compensation depends on the terms of your agreement with them. Does the agreement guarantee a minimum of pay?