1099 contractor vs. employee

[CTRSERVICESAZ]

As being comsidered a 1099, I am given an address to go to to clean carpets and/or Air Ducts. I do not call anyone to solicit or or advdertise my service to anyone. Once I completed my "Job" I am to call in to request another address to go to for another "Job". Once the "Jobs" were completed for the day. I am to return the company vehicle to the "Shop" I am also to "Recap" the day's subtotals and the "out the door totals" including all monies and credit card reciepts. One day my Office manager noticed the front bumper was damaged. He told me that I was financially responisble for the damage. Even after the previous driver did not know what happened. The company I work for took $2,100 out of my paychecks. $300.00 a week for 7 weeks. My company did not re;port tnhis to the insurance company due to the fact that their "insurance would go up by $3,000 dollars a year". What can I do now?

 

[army judge]

What would you like to do?

Where would you like to go?

The world is full of fun.

Do you like warm climates or cold?

 

[DAWW]

Worker classification (independant contractor vs. employee) is a function of statutory law. If you are suggesting that under law you are likely an employee, I am inclined to agree with you. However, last I checked, I am not the government and theirs is the only opinion that matters. If we are talking about federal law only (FLSA), then DOL cares about minimum wage, overtime and not much else. IRS cares about taxes. If you file a form SS-8 with IRS, they will eventually review the classification, but IRS is mostly interested in getting THEIR money. If you are not getting paid MW/OT, then filing a wage claim with federal DOL will force them to review this issue. I do not know what your state is, but the state tends to get involved when a UI claim is filed. That also tends to force the state to look at worker classification.

At the end of the day however, a bad employer is a bad employer. Sometimes the only cure for a bad employer is to find a good employer. (Then file any wage claims on your way out the door).

 

[Betty3]

I do not know what your state is, but the state tends to get involved when a UI claim is filed.

DAWW, just in case you are saying you don't know what the OP's state is - it can generally be found on new posts page before name of thread & also at the top of the page where you reply. (Az. this case) Betty3

 

[Unregistered]

Your story was relaly informative, thanks!