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?? about contractor laws and form that was asked to sign Florida

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  • ?? about contractor laws and form that was asked to sign Florida

    My boyfriend is considered a contracted employee as far as the IRS is concerned BUT he has worked at his job for over 5 years and has to clock in, is told when and how to preform his job which I already know is all against the law if you are truely a contracted employee.. what it really boils down to is his boss is going against the law to save himself money.. but today he asked his employee to all sign this form and says it is some new law.
    Does anybody have any knowledge of this form... to me it all sounds rather fishy so I was hoping to get some advice on it.
    Thanks!!!!!!!!
    Here is a link to a copy of the doc
    http://s655.photobucket.com/albums/u...current=tx.jpg

  • #2
    I certainly hope no one is going to go clicking on the link; it just isn't safe.

    If you want to copy and paste the document and PM it to me, I'd be glad to look at it.

    Why hasn't he addressed this before?
    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
      IRS does not consider anyone to be a "contracted employee". Per IRS, all workers are either "employees" or "independent contractors".

      http://www.irs.gov/businesses/small/...=99921,00.html
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Originally posted by Pattymd View Post
        I certainly hope no one is going to go clicking on the link; it just isn't safe.

        If you want to copy and paste the document and PM it to me, I'd be glad to look at it.

        Why hasn't he addressed this before?
        Sorry I did not think about that... I just expect everybody to be adults and not do childish stuff... guess that is why people say I am too trusting lol
        I can PM it to you or whatever you like.

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        • #5
          <a href="http://s655.photobucket.com/albums/uu273/nonunu/?action=view&current=tx.jpg" target="_blank"><img src="http://i655.photobucket.com/albums/uu273/nonunu/tx.jpg" border="0" alt="Photobucket"></a>

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          • #6
            No. I'm not clicking on a link and I'm not pasting a link into my browser. It's not childish. It's just not safe.

            Let me try again. If you want a response from me, copy and paste the TEXT of the document into a PM to me.
            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
              Sorry for sounding rude everybody... bad week so I am on edge and the way I had to scan this doc is proving to be a nighmare for me to get the text copied.
              Here is the first part...
              _____ has retained you to perform work in your field and successfully completing said project you were contracted for according to specifications supplied by the ____. Any work rejected will be canceled at time of notice to the satisfaction of the contracting party. If work is not acceptable this will result in termination of contract. During the project you may be in contact with or directly working with proprietary information which is important to our company and its competitive positions. All information must be treated strictly confidential and may not be used at any time or in any manner in work you may do with others in our industry.

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              • #8
                injuries incurred on the project that you are contracted for In the event of any assertive claim the indemnities shall provide the undersigned reasonable timely written notice of same and thereafter the undersigned shall at its own expense defead protect and save harmless indemnities against said claim or any loss or liability there under.

                In the event the undersigned shall fail to so defend and or indemnify and save harmless then in such instance the indemnities shall full rights to defend pay or settle said claim on their behalf without notice to the undersigned and with full rights to recourse against the undersigned for all fees costs expenses and payments made or agreed to be paid to discharge said claim. Upon default the undersigned further agrees to pay all reasonable attorneys fees necessary to enforce this agreement. This agreement shall be limited as to amount or duration. This agreement shall be binding upon to the benefit of the parties their successors assigns and personal representatives.


                Now I know I have read stuff about irs rules and that contractors do not clock in or out or are told how to perform a job.... which is all the stuff he is forced to do at this job.
                Last edited by BadMonkey; 03-22-2009, 06:25 AM.

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                • #9
                  This is pretty standard for an IC agreement. Recording in/out times is not in and of itself indicative of employee status. Have you read the actual IRS help on this issue?

                  http://www.irs.gov/pub/irs-pdf/p1779.pdf

                  According to this information, the worker can submit a form SS-8 to the IRS for a determination.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Originally posted by Pattymd View Post
                    This is pretty standard for an IC agreement. Recording in/out times is not in and of itself indicative of employee status. Have you read the actual IRS help on this issue?

                    http://www.irs.gov/pub/irs-pdf/p1779.pdf

                    According to this information, the worker can submit a form SS-8 to the IRS for a determination.
                    I did read it but since this is not my field of knowledge I can only guess I am understanding things correctly... I only know the laws and what not when it comes to mortgages and property title insurance lol
                    I knew he could submit that form but the guys wanted to use that as a last ditch effort at this point... they love the customers and want to stay with the shop BUT are sick of being screwed for lack of better words.
                    Thank you again for your help.

                    Comment


                    • #11
                      Their choice. But I'm sure they know by now that, if they have been misclassified there are a WHOLE lot of additional costs they are taking on that they should not have to. Such as the matching portion of SS/MED taxes, no unemployment, probably no WC, no overtime or minimum wage protection, etc.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        Originally posted by Pattymd View Post
                        Their choice. But I'm sure they know by now that, if they have been misclassified there are a WHOLE lot of additional costs they are taking on that they should not have to. Such as the matching portion of SS/MED taxes, no unemployment, probably no WC, no overtime or minimum wage protection, etc.
                        Yea they have to pay a ton for their taxes..... we had a lawyer read over the doc today and come to find the entire thing was against the law along with the way he pays them and all.

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