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help..am i an independent contractor Ohio

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  • help..am i an independent contractor Ohio

    I work doing apartment maintenance in ohio for a person with several properties. I am paid hourly and each week (though checks are almost always late) he withholds no taxes i use a company card to purchase supplies and he is now also not reimbursing for gas for my personal vehicle use.. I looked some and seems he should be doing with holding and paying unemploment over time etc etc also what about my car expenses? and help would be much appriciated, thank you

  • #2
    The important thing is to change jobs ASAP and find a reputable employer. I can answer your questions, but you will not like the answers.
    - No tax withholding implies that the people paying you do not consider you to be an employee, and that they do not consider themselves to be your employer. This can be challenged and should be challenged but the chances of a fast, good solution is poor. Based on what you have said that chances that you are legally something other then an employee is unlikely, but no one in government cares about what anyone else thinks. You will have to prove that you are an employee prior to the government treating you like one.
    http://www.dol.gov/esa/whd/regs/compliance/whdfs13.pdf
    - The argument is going to be that you are not an employee, not subject to any labor law protections, and not eligible for UI.
    - Regarding being paid late, the argument is that you are some vendor like Roto Rotor, and that your only legal recourse is the court system.
    - Regarding expenses, same answer as far as the court system goes. Even if everyone agreed that you were legally an employee, there are exactly two states with any type of expense reimbursement rules, neither of which are your state. If you were recognized as legally an employee, then there would be the possibility of a some type of federal DOL claim to the extent that the unreimbursed expenses took you below minimum wage.

    None of this is what you want to hear. You can certainly get a lawyer and go to court, but no sure things with that (or any other route). You can file a form SS-8 with IRS, but that just means that IRS will eventually look at the worker classification.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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