I've been on the job going on 7 months and my employer has yet to give me hiring papers or sign IRS forms. He's said that he hired me as an Independent Contractor but no 1099 and he pays me thru PayPal. I'm a tour driver and he has me on call. We take people down to Mexico for day trips.

He gave me a company card with both company and my name on it. He sets the hours I work and when scheduled has me buy what's needed for tour. I work back to back shifts at 12 to 16 hours per day. A couple times a month he'll rent vans or suvs for tour. The owner or another person will call and make the reservation in my name and I will pickup vehicle and pay with card. I've been doing what I'm told but started to grow suspicious after I realized the insurance was being waved defaulting to my insurance not the company's. I also noticed on the contract that the rentals cannot enter Mexico. I asked about these practices and was brushed of with "We have a international insurance policy and are covered in Mexico"igatin.. I didn't buy the answer so I started investigating.

I've come to find out he has no policy, no tour operator permits, no business license, no business insurance nothing but the LLC. He was paying really good until I started asking questions. The owner would make excuses to cut my shifts and started shaving my pre paid 18% gratuity that client pays in advance and owner refuses to disclose dollar amount.

So basically: i'm taking clients into Mexico, driving an uninsured rental vehicle that shouldn't be in Mexico and working for a company that's not even supposed to be offering tour, let alone operating. He is willfully putting us in jeopardy and the public at risk. I really like what I do and I need the money and owner knows it. I want only what's owed to me from my gratuity and possible overtime as this is more like an on call employment job. I feel he's trying to make me quit.

Do I report him to authorities?

I just want what's rightfully owed to me. Please advise. Thank you in advance.

  • 15
    This is more for legal stackexchange honestly. Talk to a lawyer. Are there any free ones available from workers unions nearby? – Mafii Nov 7 '18 at 9:32
  • 3
    It's fairly normal to expect some tension when caught investigating your employer. – Kilisi Nov 7 '18 at 9:34
  • 10
    This is definitely talk to a lawyer territory, as with what you've described you could be breaking the law and could therefore face personal ramifications. – berry120 Nov 7 '18 at 9:37
  • 1
    I have an appointment tomorrow. I'm not the only employee and concerned for them as well. – VIL70 Nov 7 '18 at 9:42
  • 4
    It could get worse. Are you possibly being used as an unwitting drug mule? – shoover Nov 7 '18 at 16:57

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