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FLORIDA SUB CONTRACTING//w-9 1099 ? please help me! am i being screwed?

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  • FLORIDA SUB CONTRACTING//w-9 1099 ? please help me! am i being screwed?

    Hi i currently work at a place which hired me as a "sub-contractor" to make signs, vinyl, neon signs and etc...i have no certifications/qualifications of ever being a subcontractor. I have never did sign work in my life up until this point. The employer ((who is a state certified contractor)) started me off paying me @ 8.00 an hour by business check(taxfree) i was never told until the 2nd day i started working that i was "sub contract." I never signed any paper work agreeing to sub contract work or anything. I was only verbally told that i was subcontract. Also i had no control or say over the projects i worked on, he paid money for all the materials and i was doing the work with his complete control over every project.

    It was then explained to me that i was being paid tax free (which i thought was cool) and that i would have to do my taxes at the end of the year 1099 i think he said or w-9 im not sure what he said. They also told me that i could claim all my lunches, dinners,((claim dinners and lunches as entertaining clients...)) and gas money that i spend on my taxes, and my florida sales tax, pretty much every receipt i saved he said i could claim on my tax return.

    Now i was told by someone that legally they cant even pay me as a subcontractor cause im not certified in any particular field and that they cannot legally 1099 or w-9 me whatever it is. And also i was told i cannot claim pretty much any of the stuff that they said i could claim on my taxes and that i would owe the IRS alot of money at the end of the year. Luckily its only been 3 weeks and i caught this problem.

    My source also told me that the employer is supposed to pay into half your SS and other taxes which i will solely have to pay into at the end of the pretty much am i making less than minimum if i calculate it right? And am i getting screwed..please provide me any links or literature that may help me out thnx. And if i am being screwed how should i go about getting my tax money from him and how do i calculate the total...for 3 weeks ive made a total of about 1000.00 dollars tax free...what would be about the amount i wouldve made with taxes...21 yr old single male, not in school. thnx

    Also on a sidenote since i was supposedly "subcontracted" if i was ever injured who would be responsible...he never showed me any paperwork for workmans compensation or insurance or anything but he is a state certified contractor. Also his place of employement has no workmans comp papers posted or any federal minimum wage laws or anything else posted in his place of business isnt this kinda stuff required?? thnx

  • #2
    Here are the most commonly used guidelines for employees vs. independent contractors.,00.html

    If you have more questions after reading this, please feel free to post back.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      yes i read that already but i still do not know exactly what i fall under...and at the end it says they may be responsible for paying back taxes do i get that money from my employer or how do i go about making sure they will have to pay for it? and i still need some help on my tax questions whether i can indeed claim all those things on my taxes..thnx


      • #4
        The first thing you do is call the federal DOL at (866)4-USWAGE and ask to speak with an investigator, explain your situation, and ask for a determination. Then, if it is determined that you should be treated as an employee, advise the company of such; if they won't abide by the law, then find another job.

        If it is determined that you are legitimately classified as an IC, (or if you decide not to confront the employer if the opposite is the case), then contact a tax advisor and an attorney; the attorney to draft an IC agreement setting out all the parameters of your work for this company.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        The 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 are opinions and suggestions of members and is not a representation of the opinions of 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.