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Can employer force change from hourly employee to subcontractor? South Carolina

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  • Can employer force change from hourly employee to subcontractor? South Carolina

    I am an hourly employee of a construction company, my employer also has rental properties.
    He does not have any work in the construction business, he has told me that I will work on his rental properties at my current hourly rate but that he will pay me out of his rental account. I am to be paid as a subcontractor without any Federal or state taxes/withholdin,Social security or medicare taken out. I assume I am also not covered by any workmans compensation in case of injury.
    My question is can he force me to be a subcotractor, knowing that I have no license or insurance?

  • #2
    "Force", no. You are free to refuse. He is free to terminate your services. If there is no work for you in construction, then there is no work.

    The issue is this. He is basically offering to either pay you "off the books" (which is illegal) or treat you as a vendor (independent contractor), which may possibly legal but probably is not. The key is that even if the handling as a non-employee for the rental business is illegal, and it might be, there is nothing that turns you into an employee who gets benefits.

    1. Start looking for a real job with a real employer NOW. Do this no matter what else you do.

    2. Whether or not you take the work (and the pay) for the rental work is your decision. No matter what the "employer" (he is going to claim that he is not your employer) does, you will need to report the income to the government and pay taxes. You can try involving IRS or your state government, but they will mostly be looking out for their interests, not yours. The IRS route involves filing a form SS-8 with them.

    At the end of the day, the only real cure for a bad employer is to find a good employer.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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