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Sub Contractor or Not Texas

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  • Sub Contractor or Not Texas

    I was hired to work as an accountant with a real estate office and when I accepted the job now find out I'm a sub contractor, I will have to pay my own taxes. I am required to work the hours the owner sets for me and just recently was yelled at cussed at and accused of riding the clock because I left the office to get a cup of coffee, I was gone 15 minutes, and I am not allowed to take lunch breaks unless she is buying and we eat together. Am I a sub- contractor and how did I become one and how do I go back to being an employee??

  • #2
    By sub-contractor, if you mean independent contractor, I'm doubtful. See here:
    http://www.irs.gov/taxtopics/tc762.html
    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
      I am referred to as a sub contractor and will be given a 1099 at year end.

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      • #4
        That's an independent contractor. There are really only two classifications of workers. Employee is the default. Every worker is considered an employee unless the worker meets the criteria for IC status.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I have read some of the material you requested and I do not see how I would be in the IC status. Other employees feel the same. The company does not have any employees she treats everyone as IC including high school students. Is that legal?

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          • #6
            Nope.
            What does she say when presented with the information?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              When I spoke to her about taking taxes out of the paychecks she claimed this is the way we have always done things, everyone gets a 1099 and that's the way things will stay. OK but, I could never understand how she got away with paying a high school student as an IC? everyone in the office is payed this way even though she will offer vacation pay and overtime. What are my options? I do not feel right about this.

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              • #8
                Well, you could report this to:
                The federal Dept. of Labor
                The Texas Workforce Commission
                The IRS

                Of course, expect to be fired. Employers like this make me furious, when so many try so hard to be compliant with the law.

                Seriously, if you want to pursue this, I suggest you not do so until you are prepared to be fired. Although that would be a really stupid thing to do and very possibly, a wrongful termination case (for which she could end up writing a check with lots of zeroes), but that takes LOTS of time to wend its way through the system.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Well, Actually I have already put out resumes and have started interviewing. I am preparing myself to take this to the next level since I feel she is very wrong for the way she handles her business and how she treats her non employees. Thanks for the advice.

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