I LIVE IN A GOOD SIZED APARTMENT COMPLEX. THREE YEARS AGO THE MANAGER ASKED ME IF I WOULD DO SOME CLEANING IN VACANT UNITS. I WOULD RECIEVE RENT CREDIT FOR MY WORK. I STARTED OUT CLEANING AND ABOUT TWO YEARS AGO I ALSO BEGAN TO PAINT THE UNITS. NOW I AM THE CLEANING AND PAINTING PERSON. THEY BUY ALL MY SUPPLIES. PAINT, BRUSHES, ROLLERS, CLEANING STUFF, I USE THIER LATTER, VACUME CLEANER, EVERYTHING. THE ONLY THING I FURNISH IS MY CAR. ALL MY WORK IS DONE ON THE PROPERTY. MY BOSS TELLS ME WHAT UNIT TO CLEAN OR PAINT, AND WHAT HE WANTS DONE IN EACH UNIT. HE TELLS ME WHEN HE NEEDS ME TO WORK. OFTEN HE WILL COME IN THE UNIT I AM WORKING IN AND SHOW IT TO PEOPLE HE CONSIDERS RENTING TO. HE CHECKS MY WORK AT TIMES. I HAVE ALSO BEEN SENT INTO OCCUPIED UNITS TO PAINT A BATHROOM, OR CLEAN MILDEW. THE FIRST YEAR THAT I WORKED I ASKED THE ASSISTANT MANAGER IF I NEED TO FILE ANYTHING FOR TAXES. ( IT WAS TAX TIME ) SHE ASKED IF I HAD RECIEVED A ( 1090 FORM ) OR IT MAY HAVE BEEN ( 1099 ) I DONT REMEMBER NOW WHAT FORM SHE SAID. I NO. SHE SAID IF I DIDN'T, THEN NOT TO WORRY ABOUT IT. NOW , TODAY, MY BOSS TOLD ME TO STAY OUT OF THE OFFICE FOR THE DAY BECAUSE THEY WERE BEING AUDITED, AND THEY WERE TELLING THEM I AM AN INDEPENDENT CONTRACTOR. I WRITE UP INVOICES FOR EVERY UNIT I DO. I USED TO WRITE THE HOURS AND HOW MUCH PER HOUR I CHARGED FOR MY WORK. FOR ABOUT A YEAR OR SO NOW, THEY HAVE ME ONLY PUT THE HOURS. NOW I FIND OUT, THAT WHERE I WRITE MY NAME ON THE INVOICE, THEY CROSS OUT AND WRITE " VENDOR ". I HAVE COPPIES OF ALL MY INVOICEDS THAT DO NOT HAVE VENDER ON THEM. I DON'T KNOW WHAT ALL IS GOING ON. I RECIEVE NO CASH OR CHECK ( OTHER THAN IN DECEMBER THE LAST TWO YEARS. TWICE PAID IN CHECK FOR WORK I DID, 250.00, AND 590.00, BECAUSE IT WAS X-MAS AND I NEEDED MONEY ) WHAT I WOULD LIKE TO FIND OUT IS, IN THE STATE OF OREGON, AM I A VENDOR OR INDEPENDENT CONTRACTOR? I HAVE NOT AGREED TO THIS, AND HAVE NEVER FILED TAXES ON MY WORK. I DON'T HIDE IT, MY LITTLR GIRL RECIEVES SSI, AND THEY KNOW WHERE I WORK AND HOW I GET PAID. I'M AFRAID I AM GOING TO OWE TAX MONEY, OR GET IN TROUBLE FOR NOT FILING IT ON TAXES WHEN I HAVE BEEN TOLD BY MY BOSS, " DON'T WORRY ABOUT IT ". HAVE I BEEN REALLY STUPID. I ALMOST FEEL LIKE I HAVE BEEN USED NOW. I WOULD LIKE YOUR OPINION ON THIS MATTER. THANK YOU.
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Independent Contractors
- Thread Starter JEWEL
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Indepentent Contractor virus Employee
I am on the Board of Administration at the condo where I live. We wonder, if when we hire a secretary for office work can we make her an indepentent contractor or MUST we hire her as employee, deducting taxes etc.
We already have a Maintenance man who is an indepentent contractor.
They are suppose to receive a 1099 at years end if they are indepentent contractor, correct.
I am on the Board of Administration at the condo where I live. We wonder, if when we hire a secretary for office work can we make her an indepentent contractor or MUST we hire her as employee, deducting taxes etc.
We already have a Maintenance man who is an indepentent contractor.
They are suppose to receive a 1099 at years end if they are indepentent contractor, correct.
Have a look at the IRS website, they have some information about the difference between employee and independent contractor.
It mostly depends on the measure of control the employer exerts and the means of the work and the duration of the employment.
Example:
If you "contract" only for the result of some work, but the person doing it, is free to decide how he does it, he probably is an independent contractor. Furthermore if he provides his own tools, he probably is independent. Example: You hire Tony to have him paint your house in red. You don't tell him how to paint the house, like if he should start in the upper left corner on the west side or the lower right corner on the east side, all you care about is that the house will be red in the end. Tony brings his own tools, brushes etc. Tony most probably is an idependent contractor. Once Tony has finished painting the house you will never see him again.
You hire Suzi to trim your lawn and trees. Because you are very proud of your garden you observe every movement Suzi makes. You tell her exactly how to cut your precious English lawn, how to handle the lawn mower that you provided and at what time of the day she should cut the grass in which are of the garden and so on. Suzi does this every two weeks for some years. Suzi probably would be considered an employee because you retain very much control over her work and in addition you furnish the tools and she is regularly doing the job.
Many people don't get it right and treat employees as independent contractors who in fact should be treated as employees.
It mostly depends on the measure of control the employer exerts and the means of the work and the duration of the employment.
Example:
If you "contract" only for the result of some work, but the person doing it, is free to decide how he does it, he probably is an independent contractor. Furthermore if he provides his own tools, he probably is independent. Example: You hire Tony to have him paint your house in red. You don't tell him how to paint the house, like if he should start in the upper left corner on the west side or the lower right corner on the east side, all you care about is that the house will be red in the end. Tony brings his own tools, brushes etc. Tony most probably is an idependent contractor. Once Tony has finished painting the house you will never see him again.
You hire Suzi to trim your lawn and trees. Because you are very proud of your garden you observe every movement Suzi makes. You tell her exactly how to cut your precious English lawn, how to handle the lawn mower that you provided and at what time of the day she should cut the grass in which are of the garden and so on. Suzi does this every two weeks for some years. Suzi probably would be considered an employee because you retain very much control over her work and in addition you furnish the tools and she is regularly doing the job.
Many people don't get it right and treat employees as independent contractors who in fact should be treated as employees.
Could someone either direct me to the area on this website that contains this information (if available) or could someone post a link to another website for the following:
I would like to know where I can go to find out the difference between a contractor (1099) and an employee. I appreciate the comment by NYClex, but I need to be able to refer to the actual law or regulation or code or whatever it's called.
My situation:
I was hired as a 1099 contractor in July 2006 and I have always invoiced for my time. In turn, the company I invoice, sends their own invoices to the company I'm actually doing work for. As time as gone on, the company I invoice my time for has been telling me where I can work (desk location at the site), what times I need to come to work, when I can take time off, and they have always demanded a time sheet be attached to my invoice. My time sheet has to be filled out on their website and approved by a person who has been designated my 'supervisor'. It sounds like I'm an employee, but they insist I am a contractor and as such, am responsible for my own taxes, health insurance, etc. Also, they refuse to listen to my complaints that my 'supervisor' is sexually harassing me and threatening me, saying I have no case because I'm a 1099.
I live in California, so any CA laws or federal information would be greatly appreciated.
I would like to know where I can go to find out the difference between a contractor (1099) and an employee. I appreciate the comment by NYClex, but I need to be able to refer to the actual law or regulation or code or whatever it's called.
My situation:
I was hired as a 1099 contractor in July 2006 and I have always invoiced for my time. In turn, the company I invoice, sends their own invoices to the company I'm actually doing work for. As time as gone on, the company I invoice my time for has been telling me where I can work (desk location at the site), what times I need to come to work, when I can take time off, and they have always demanded a time sheet be attached to my invoice. My time sheet has to be filled out on their website and approved by a person who has been designated my 'supervisor'. It sounds like I'm an employee, but they insist I am a contractor and as such, am responsible for my own taxes, health insurance, etc. Also, they refuse to listen to my complaints that my 'supervisor' is sexually harassing me and threatening me, saying I have no case because I'm a 1099.
I live in California, so any CA laws or federal information would be greatly appreciated.
muggsyj
New Member
This is not legal Advice!
It nice to see you appreciate the comment from NYClex but this is a very old posting and lex has not been around for a while now.
The difference to being a contractor and an employee is quite simple, you negotiate your price before you start a job where as an employee has to have a set wage. This dose not mean that you do not have to put up with a customers ways and means of doing things, as they are the ones with all the work and you are comming in as an independant.
The beauty of being a contrator is you can go from job to job as you see fit and negotiate some great deals because you are self employed and an employee as such.
Your quote: my 'supervisor'
He is not your supervisor he is the supervisor of the job, you are your own boss as a contrator?
Your quote: "I was hired as a 1099 contractor in July 2006 and I have always invoiced for my time."
There for you are self employed.
Your quote: "Also, they refuse to listen to my complaints that my 'supervisor' is sexually harassing me and threatening me, saying I have no case because I'm a 1099".
This i would strongly suggest you put in writing to the employer of the said business and demand that action be taken for this behaviour and see how they reply then, keep all copies of the conversations.
Take care.
It nice to see you appreciate the comment from NYClex but this is a very old posting and lex has not been around for a while now.
The difference to being a contractor and an employee is quite simple, you negotiate your price before you start a job where as an employee has to have a set wage. This dose not mean that you do not have to put up with a customers ways and means of doing things, as they are the ones with all the work and you are comming in as an independant.
The beauty of being a contrator is you can go from job to job as you see fit and negotiate some great deals because you are self employed and an employee as such.
Your quote: my 'supervisor'
He is not your supervisor he is the supervisor of the job, you are your own boss as a contrator?
Your quote: "I was hired as a 1099 contractor in July 2006 and I have always invoiced for my time."
There for you are self employed.
Your quote: "Also, they refuse to listen to my complaints that my 'supervisor' is sexually harassing me and threatening me, saying I have no case because I'm a 1099".
This i would strongly suggest you put in writing to the employer of the said business and demand that action be taken for this behaviour and see how they reply then, keep all copies of the conversations.
Take care.
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