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1099 and Unemployment Kentucky

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  • 1099 and Unemployment Kentucky

    Last October I was looking for work and a local contractor was working on a large chain retailer and was hiring workers (electricians). I got in touch with this person and agreed to work for the sum of $12.00 an hour. However his condition for hiring was that his "employees" would be considered "independent contractors" and would be issued a 1099. This seemed a bit off to me but I needed the work, desperately, so I agreed to work for him.

    I am sure that many of you here are well aware of the difference between an "independent contractor" and an employee who is paid by the hour. I could go into further detail but I will make it short and tell you that the determination has been made that I was indeed an employee.

    I was let-go from that job after appx. six weeks. I was told by my employer that he wasn't firing me, he was just laying me off. So I applied for unemployment benefits. I got through one cycle and recieved one check. My former employer had stated the reason for separation as something completely different from what he had told me.

    It would make sense to me that because he was trying to call his employees "independent contractors" or more incorrectly "contract employees/laborers" that he wasn't paying his state unemployment insurance and is now trying to shift the blame.

    My question at this point is, "How can someone who isn't paying his UI have any legal standing in this matter?"

    He also was not paying OT and we were required to work 48 hours a week.
    Once again the matter is that those working for him are by all laws considered employees even if he wants to call them something else.

    Now this matter is in fact currently under investigation and he called me this morning breathing threats (I didn't answer, 1st rule of litigation is that you avoid contact with the other party) that I don't think that he can make because the things that he was saying are really up to the state investigators to determine.

    I hope that I haven't been too vague in my descriptions but vague enough to avoid detection if any pertinent parties frequent here (of course if my former employer internets he probably goes for mostly p*rn, he's not the most morally minded character), it's late, I'm upset, and am losing sleep due to his threats. Any ideas?

    http://forums.mikeholt.com/showthrea...t=96033&page=5

    Notice the post by user Thinfool, I know these two guys, they were working out there with me and this is an accurate assesment of the situation.
    Last edited by Skipray; 03-04-2008, 09:36 PM.

  • #2
    I don't know what you want us to tell you. If an employer is not properly classifying his employees (either through ignorance or defiance) and therefore not paying taxes, WC, etc., I can imagine he would be given less credibility than one who is. However, that's just 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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    • #3
      File a wage claim for unpaid overtime if you have not. Follow up on any UI and OT appeals. Past that, there are no sure things. You win or you do not. The state gets to make that decision and they regard it as their decision. Nothing anyone on this website can say will change that. But based on what you have said, you have a better case then your prior employer.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        From what you all have said, it just reenforces my conviction that I am doing the right thing. I already have the OT and UI things under investigation and the state is handling it.

        Now what should I do about the threats? He has threatened to get a warrent generated for fraud, however condsidering that the state isn't done with it's investigation does hae have any right to make any sort of claim? Actually I relistened to the message and he was accusing me of stealing copper wire, something which I have no need or desire to do. He did this in response to my turning him in for nonpayment of OT.

        Originally posted by DAW View Post
        File a wage claim for unpaid overtime if you have not. Follow up on any UI and OT appeals. Past that, there are no sure things. You win or you do not. The state gets to make that decision and they regard it as their decision. Nothing anyone on this website can say will change that. But based on what you have said, you have a better case then your prior employer.
        Yes you are right, even if I lose the arguement i.e. he lies better than I can tell the truth, he still loses due to his nonpayment of UI. He cannot prevail in this matter, and now that I have notified the IRS of him not paying with-holding and payroll by erroneous categorization of his employees as he puts it "contract labor" he will be hurting for certain.

        There is a big difference in what he told me the reason for my termination was and what came back on his response to the UI office. Does that constitute a lie and if so, would it affect this case in any further way? Maybe he'll go up for purjury as well as lying to a state investigator? Would it allow me to seek damages for lost pay had my job with him not ended?
        Last edited by Skipray; 03-20-2008, 08:27 PM. Reason: Thought of a lot more stuff.

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        • #5
          Removed due to the following:
          Last edited by Skipray; 05-01-2008, 06:08 AM.

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          • #6
            Okay, so the update here is that I won my UEI appeal, which is a good thing as I am catching up on some bills, finallly; but this guy just won't leave well enough alone.

            This morning he called my phone (didn't answer, let it go to voice mail). Once again he is on the kick that I stole copper wire, also not true as I wanted to keep my job not put it in jeopardy. He also is saying that I committed fraud in representing myself as an electrician, no fraud was committed in that I was straight forward with letting him know that my licsence was pending renewal, he was fine with that and hired me anyway.

            He also threatened to sue me for the difference in wages between a helper and an electrician as well as reimbursement for the time that it is taking him to deal with all the paperwork that he has been swamped with lately, DOL and IRS investigations will do that to you I guess. I wonder if UEI is going to get him for perjury too.

            Now for the real kicker: He has threatened to write letters to electrical employers in the area in order to denigrate my skills and encourage them to not hire me should I come looking for a job.

            Do you think he's slacking out enough rope to hang himself yet?

            Ask me more questions, I can tell more details but the above are the highlights of his message.
            Last edited by Skipray; 05-01-2008, 06:38 AM.

            Comment


            • #7
              Let him sue. Anybody can sue anybody for anything if they find an attorney willing to take the case (for a large portion of the proceeds). If he does, THEN you get your own attorney.

              Relative to the threat, I don't know the blacklisting laws (or nonexistence thereof) in Kentucky. However, until he actually does something, there's no case anyway.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Save this and any other answering machine recordings. Rants tend to make an impression on the court should it come to that.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

                Comment


                • #9
                  Just for your info: The only law Ky. has re blacklisting is blacklisting with respect to miners is prohibited.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                  • #10
                    Originally posted by Betty3 View Post
                    Just for your info: The only law Ky. has re blacklisting is blacklisting with respect to miners is prohibited.

                    That won't prevent a tortious interference claim.

                    Comment


                    • #11
                      I didn't say that it would. I was only replying to Patty's #7 post. (It was just a FYI)
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment

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