PUBLIC NOTIFICATION OF PENDING LEGAL ACTION
I am posting a copy of this letter sent to the owner of Prime Parts Specialists – Stephanie Neugent – as a Public Notification and Request for unpaid wages and services rendered. A previous attempt to resolve issues was made and ignored by Ms. Neugent. In addition to sending an official copy by certified mail, I have included this letter here – primepartsauto.com – as evidence to show that I own both the website and domain that her company used to conduct business but failed to pay for.
This public notification will also show that every effort is being made to contact Ms. Stephanie Neugent.
*** Copy of Letter is Posted Below This Line ***
Date: May 27th, 2021
It has been 4 business days since I have sent a letter with my official complaint and request for unpaid wages and services rendered.
As a result of failure to respond, I will now move forward to the next stage of my complaint and file my complaint with the State Labor Agency in Texas.
I am filing for payment in full at this time. Businesses with “employees” are subject to the Texas Unemployment Compensation Act (TUCA) and are liable to pay unemployment taxes. I plan to call both of your previous employees – Jason and Jay (last name removed for privacy) – as witnesses in order to demonstrate how I shared the same job description and expectations but was wrongfully classified, by you, as an independent contractor to avoid payment of wages, unemployment taxes and more.
If you research the information provided by the Texas Workforce Commission, you will find that:
- Employers are responsible for classifying workers correctly.
- A worker who is called contract labor and whose wages are reported using IRS Form 1099 may not be an independent contractor.
- Neither the business nor the individual may choose whether the worker is classified as a contractor or employee. The relationship between the parties and the presence of direction and control determine whether or not a worker is an employee or an independent contractor.
- A written or oral agreement between the parties does not change the status of the worker.
The following link will also include the actions I will be taking to report “Worker Misclassification”.
THIS IS A NOTICE OF LEGAL ACTION
If I have not received a response from you by next week, I will send a copy of this letter to you by certified mail. I will then take action to report “Worker Misclassification” to the appropriate authorities followed by filing suit in small claims court once Worker Misclassification has been established.