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Contract Vs Employee Texas

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  • Contract Vs Employee Texas

    I just recently found out that the company I was a contractor for is breaking the IRS laws as to whats a contractor and whats an employee. The law states that as a contractor a company can not tell me when to work where to work or how to work. Amoung those three laws the company broke them all. As well as Making me attend manditory meeting company held and charging me 100.00 for missing the meetings. They also made me wear a company shirt and claim I worked for them instead of using my own companies name. I know they broke the laws even under the contract we have and I need a Lawyer in the San Antonio area. Could someone please direct me to a lawyer who can help me. I feel they owe me a lot of Over time pay as well as other expenses I recieved due to supposedly being a contractor that they claim I was when treating me as an employee.
    Last edited by Jerray; 09-05-2006, 10:57 PM.

  • #2
    You don't necessarily need a lawyer at this time. However, there are a number of criteria that, the more of them that exist, indicate that the worker is an employee and not an IC.
    http://www.irs.gov/pub/irs-pdf/fss8.pdf

    Start with the Texas Workforce Commission. BTW, how long ago did this occur? Are you still performing services for them?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      My contract ended on the 29th of August 2006. Due to the 15 to 30 percent price drops I chose not to renew with them.

      I have already looked at the ss8 IRS for and it seems to be something the employer should have filled out. I wasnt sure if I should print it a fill it out and then send it in. Also who do I talk to at the TWC (Texas work force commission)?

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      • #4
        The employer doesn't HAVE to complete it; it's optional. Reason I linked you to it so that you could answer the questions. At that point, if you'd like to post back with the responses, think I can give an opinion.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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