Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Independent contractor? Indiana

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • OHIOMAN
    replied
    ok you spelled it out for me thanks alot.ILL BE CALLING IRS WHEN I GET MY TAX PAPER

    Leave a comment:


  • OHIOMAN
    replied
    OK please answer this,if i file this ss-8 and am declared an employee, will this save me money,being what i am paying the irs,VERSUS if i dont file it.
    I guess what i am sying is am i opening a can of worms?
    As i stand now i just pay the irs monthly,I am afraid if i file WHAT then?
    I am not owed anything i can just quit {beside the fact they will keep bugging me to work for them)
    I know i am being tooken advantage of, BUT its hard to find work on ss so i did it.Now i am off ss and can finnally work full time somewhere.
    Right now what im thinking is,Its best to file this ss-8 if i got hurt on the job,am owed money for overtime,wasnt paid min wage,etc,,but i am not
    I mean i want to file just for the simple fact i never had a bussiness they created it.SO what is the benniffit to me for filing the ss8 if i am quiting anyways thanks

    Leave a comment:


  • DAW
    replied
    Employers pay Workers Compensation. You are legally either an Independant Contractor (not very likely) or an employee. You are not an employer based on what you have said. Based on what you have said, no one is coming after you for not paying into Worker's Compensation.

    -----

    Also, not your question, but is is past time for you to find a real job with a real employer. All of this other stuff is maybe interesting, but none of it address the core problem, that you are working for a *******.

    Leave a comment:


  • OHIOMAN
    replied
    SO work comp will eventually come after me for not paying into it for 6 years?
    Ok heres what i dont understand, What exactly was i suppose to pay?I am making payments to the irs monthly so i know the irs,If i am declared a employee will he have to pay a percentage of what i owe?
    THIS IS GONNA BE HARD FOR ME TO EXPLAIN BUT HERE GOES
    ok what is this guy getting by with by having me an ic,As it stands now I am just paying the irs,What should you pay when you are an ic,
    heres what i think so far,this guy hires me as an ic to avoid paying into work comp and unemployment so who is responsible me?ARE THEY GONNA SEND ME A BILL?I know i am dragging this on but im just trying to get a better understanding,can you please ''spell'' this out for me.I appreciate it thanks

    Leave a comment:


  • Pattymd
    replied
    YOU aren't required to pay into Worker's Comp as an employee. That's the employer's responsibility to cover his employees.

    Leave a comment:


  • OHIOMAN
    replied
    Yes thats what im worried about,Is there anyway filing this ss-8 can put me in a worse mess that im aready in?I mean this guy has money and i dont,Am i opening a can of worms?I have a couple of reciepts to show they buy the supplies(i probally had a hundred but never saved) to send with the form, i have the 1099's thats it.
    what is a flsa wage claim?I have to quit becuse this guy is gonna be pissed.Which i plan on anyways (in 2 months i can find a full time real job cause i will be off ssda then)When i first started i was hourly but 2 years ago i have been on a salary so i agreed to it..Im not hiding what i made cause i always stayed in the limits of ss.(and ss knows i was working they said it was unsubstatial)but if that wage claim will protect me some how could you be more specific.The funny thing is i always thought this guy was a friend.And i am sure he knows about all the costs involved that i was suppose to be paying.But i know now money means more to him then friendship

    Leave a comment:


  • TheRed
    replied
    File a FLSA wage claim too, so you have "black letter" protection against retaliation.

    Leave a comment:


  • Betty3
    replied
    Originally posted by OHIOMAN View Post
    whats IHMO mean?
    It's IMHO. Patty was saying "in my humble opinion."

    Leave a comment:


  • OHIOMAN
    replied
    yes thanks for your advice, I am applying monday.I am not owed anything,but i honestley did not know i was suppose to pay into work comp, ss,etc..I suppose i will be hearing from them too?
    6 years worth.whats IHMO mean?
    Last edited by OHIOMAN; 01-26-2008, 03:53 PM.

    Leave a comment:


  • Pattymd
    replied
    What "things"? Section 530 is a "safe haven" provision where an employer can classify a worker as an independent contractor IF 1) it is common in the industry for the type of work being done and/or 2) the employer has been audited and received a determination that other workers doing the same type of work meet the criteria for IC status. There is, generally speaking, NO WAY the employer could use Section 530 to defend IC status.

    You're being taken advantage of big time. You are an employee, IMHO, pure and simple. If you are owed wages, or you are not being paid minimum wage and overtime pay, file a claim with the state Dept. of Labor.

    And start looking for another job. Immediately.

    Leave a comment:


  • OHIOMAN
    replied
    Ok after doing more research i came across this 530 thing.
    So if i am classified as a worker this person can get out of paying these things by this?

    Leave a comment:


  • OHIOMAN
    replied
    when he hands me the check it has his bussiness name on it , and he makes it out to "joes dishwashing service". and i sighn it and i give the check back to him from there i really dont know what he does with the check.No i dont have no company.When i started working for him he said he will put me as a bussiness.I mean i can do what i do for him before i ever knew him, but i never made money doing it ,i only work for him with the skill i have i dont make money elsewhere doing it never have,and never sought out to have my own bussiness.The first year i worked for him, at the end of it he asked for my ss # which i thought was odd.I never sighned anything saying i was contractor
    I thought i could handle the taxes but never knew about all the other stuff involved until i started looking this up a couple days ago because something happened that made me feel like im being tookin advantage of.
    He furnishes everything, i go to the store and charge it on his account but sighn for it.I am waiting on my tax paper to make sure it is correct cause i used to be paid hourly, and never really kept track of the money i made.as long as i didnt make over 800 a month i was alright.And i question last years tax paper but cant say nothing cause i cant prove it and might get fired,now though i am on a salary so i know what i have made and i want to see if it is going to be inaccurate.
    As soon as i get my tax paper i am going to fill out that form but when i do all hell will break loose and this guy knows alot about taxes and i know nothing,I guess i am afraid that this guy will lie his way out of it and i will be screwed with no work, and all these things it looks like i will have to pay.
    Now from time to time this person might need help and he will find a guy and do the same as he did me, make up a bussiness, and it just dont sound right.So what do ya think? I know i was a ******,do ya think im screwed ?If that form gos in my favor what then?Will this guy see what i write on the form?I mean it will be the truth but if he sees what i write is there a way he can juggle things around? im clueless and kinda afraid of doing it.thanks

    Leave a comment:


  • Pattymd
    replied
    IS there a company called "Joe's Dishwashing Service"? How are these checks endorsed? Just your name?

    Leave a comment:


  • OHIOMAN
    replied
    Ok ,sorry if i am being a pest,but i am trying to cover all angles when i do this.Like i said in my other post this guy pays me xxx a month cash. sometimes he will wait a few months before i even sighn his bussiness check payable to "joes dishwashing service". SO the amount is high, Im not really sure if he lists the months worked so should i be afraid this guy can say well he only worked for me a few times a year(which i really work every week)I get no paycheck stubs the only thing i have is the tax paper he sends me for the last six years.thanks

    Leave a comment:


  • Pattymd
    replied
    That's OK. The burden of proof is going to be on him, not you.

    Leave a comment:

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
Working...
X