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  • Brian60
    replied
    still being swindled

    Hi Patty

    In a recent update I tried in my final bit to work this problem out with this employer. I threatened to call the Attorney General if he refused to cooperate with me.

    A couple weeks later I recieved a letter from the IRS in another state all together that is over 1500 miles from this employer. They sent me the paperwork to fill out so they could determine whether I was an employee or an IC.

    However it is my understanding this company they claim I performed work for (company A) is no longer in business as all the materials used for this job were charged to (company B) and I still have physical evidence to support this

    Additionally I am suspicious there is a connection between this employer and the IRS in this state I have been summoned from as one of the investors of this job I performed work on resides in this state but is not a business partner of this company

    I have filled out the paper work and checked the box to not share my personal information with third parties and that there will be no determination made. I have also included a letter with this paperwork explaining my reason for this (paragraph #3)

    I have completed my income tax forms without a W2 and used the required form.

    I feel that if there should be a judgment made it should be done by a neutral party of the IRS and not by a friend of the investor in this company

    Anymore advice would be greatly appreciated

    Thank you
    Brian
    Last edited by Brian60; 04-17-2006, 10:04 AM. Reason: spelling error

    Leave a comment:


  • Pattymd
    replied
    You're welcome. "Employers" like this make it hard on the ones who try to do the right thing, even if the laws in Florida don't require it.

    Leave a comment:


  • Brian60
    replied
    swindled

    Thank you very much you've been very kind and helpful

    Brian

    Leave a comment:


  • Pattymd
    replied
    As I previously advised, contact that number for the IRS and report that your W-2 is incorrect (or you have not received it) and that you have tried to get it from the employer to no avail. Also, start the process of filing a civil claim for your wages. That is all the legal recourse you have at this point.
    Last edited by Pattymd; 03-22-2006, 02:37 PM.

    Leave a comment:


  • Brian60
    replied
    swindled

    Hi Pattymd

    Let me clarify that I did eventually recieve the final payment however he did not deduct the taxes, pay half the SS, cover me under workmans compensation or send me a W2 as an employer is required to do under the law

    Additionally he sent me nothing and I have heard nothing from him until I contacted him at the end of Febuary..Now here it is March and he is demanding my SS number so he can send me a 1099

    I did deduct what I estimated was my share of the taxes from the final payment but he never payed it..He will not even send me copies of the cancelled checks for my records

    Is his way of doing business legal?

    Thank you for your time an help

    Brian

    Leave a comment:


  • Pattymd
    replied
    If the preponderance of the evidence is that you did not meet the criteria to be an IC, then you would be an employee. So, your next step to try to get paid is the courts, however. In most states, the state Dept. of Labor is charged with enforcing the wage payment laws of the state. Your problem is that you are in Florida, where there ARE no wage payment laws. See here:
    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0448/SEC08.HTM&Title=->2005->Ch0448->Section%2008#0448.08
    which implies that a civil suit is the only recourse you have.

    Leave a comment:


  • Brian60
    replied
    swindled

    Hi Pattymd

    Yes I did read the information at the IRS..This type of information is not new to me however this is where it can be confusing

    I was hired as an independent contractor to remodel a house not a permanent employee however:

    I did not meet the legal requirements as I was not licensed in the state of Florida and had to work under the other guys license

    We agreed on a weekly salary and the employer supplied all but the hand tools

    We also agreed that he would take care of the taxes as an employer would do even though he did not have a payroll

    I feel that I would only meet the qualifications of an employee

    I deducted enough money to cover my share of the taxes half way through the job when I submitted my hours and he was supposed to pay the taxes with the money and match the SS as an employer would do..he never did

    I feel that he is responsible for paying the taxes now and sending me a W2 but he never did

    Do you feel that I worked as an employee or an IC?

    Thank you
    Brian

    Leave a comment:


  • Pattymd
    replied
    See, here's the point. An IC has to meet certain requirements, most commonly as defined in the link I gave you earlier. And if the worker does not, then he cannot legally be considered an IC, agreement or not, or whether or not the company or the worker wants it to be.

    Did you read the information in the IRS document I provided the link for? How do YOU think the law would classify you?

    Leave a comment:


  • Brian60
    replied
    swindled

    It would seem now that he has changed the terms of the agreement to what suites him best by saying I was hired as a contractor and sending a 10-99

    Under this conditions does he have the right to set my wages? I told him what the contractor rate was in the beginning

    The guy was an old friend but did you ever hear the saying "there are no friends"?

    I appreciate your replies

    Leave a comment:


  • Pattymd
    replied
    Yes. And yes.

    And have you ever heard the phrase "Fool me once, shame on you; fool me twice, shame on me."?

    Leave a comment:


  • Brian60
    replied
    swindled

    So what you are saying is if the guy hired me as an employee at a salary then he must deduct taxes and send a W2

    Doesn't he have to provide workmans comp as well?

    It's hard to quit when your 1500 miles from home and the guy has all your money tied up in his investment

    I did quit once and returned under the same agreement and he stiffed me again

    Leave a comment:


  • Pattymd
    replied
    Public policy is no less frequently than monthly pay for employees. What I'm saying is that Florida has no law regarding this.

    However, your first action should have been to stop working for this person. I just don't understand why so many people keep working for employers who don't pay them.

    YOU cannot change the characteristics of your employment status from an employee to an IC just because you want to, or the company doesn't pay you, or for whatever reason.

    At this point, you need to contact an attorney because, employee or IC, you still would have to file a civil suit to recover anything.

    Leave a comment:


  • Brian60
    replied
    swindled

    So what your actually saying is an employer can legally keep your money for 6 months?

    No he breeched his agreement to take care of the taxes and cover me under workmans comp

    It would seem that this guy wanted everything in his favor

    Since he breeched all the agreements I charged him a subcontractors rate for the work I did but was refused payment

    Leave a comment:


  • Pattymd
    replied
    Florida has no laws regarding the timing of wage payments to employees, so it's not that it's illegal, it's just that it isn't addressed. As a matter of fact, Florida has very few wage and hour laws of its own; they default to the federal Dept. of Labor and the fed DOL does not address this issue.

    In regards to the 1099 issue, did you ever get any paychecks that had taxes deducted? At least, you should get a W-2 for those. All workers are deemed to be employees under common law, unless the worker specifically qualifies as an independent contractor under certain tests; the IRS test is the most widely-used. And usually, an actual contract or agreement is signed.

    Is it possible you could have qualified as an IC? See here:
    http://www.irs.gov/govt/tribes/artic...134976,00.html

    Leave a comment:


  • Brian60
    started a topic Swindled

    Swindled

    In Florida

    Is it legal to hire me and offer me a weekly salary, make a partial payment to me whenever they feel they have a couple extra bucks, take as long as they want to pay me and 1099 me in the end like I was a contractor?
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