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Contract Employee Gets taken for a ride New Mexico New Mexico New Mexico New Mexico

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  • Pattymd
    replied
    Why don't you take a look at this and see if you meet the qualifications for IC status?
    http://www.irs.gov/businesses/small/...=99921,00.html

    Leave a comment:


  • goingmad
    replied
    well lol, he contacted me and asked if I would set appointments for him and he would pay me per pice at 20.00. He said that I would need to pay my own taxes. So because I have owned my own business I used my tax-id number. caculated the taxes that would be taken out for each check and put them in a savings account for the end of the year. I would make the calls that week and send him a spreadsheet via email of the calls for that week with the total due at the bottom. Then that Saturday I would pick up a paycheck from his wife from there personal account for services rendered.

    Leave a comment:


  • Pattymd
    replied
    You'll know better the next time. Having said that, though, anything you have reflecting that he acknowledged what you would be paid, and the conditions under which you would be paid, will be better than nothing.

    Just for giggles, though, let's explore whether or not you are properly classified as an IC. Can you tell us a little more about how you go about doing what you do?

    Leave a comment:


  • goingmad
    replied
    no, I didnt get a contract signed. I know that was stupid. But the email that I have clearly state a business relationship and he admits that he has not paid me for past services. He is now trying to say that he doesnt owe me what I am claiming. I am going to call and verify completed appointments via phone recording that way I have that as proff as well. I know I should have had him sign a contract. we had a verbal agreement but i am sure that doesnt hold its weight in court.

    Leave a comment:


  • Pattymd
    replied
    YOU don't complete a 1099. A 1099 is what the company gives YOU instead of a W-2 form, if you make over $600 in a year.

    As an independent contractor (and I'm not going to belabor the point now, because it's very possible you are correctly classified as an IC), your only recourse is a civil suit. Small claims would probably work. The wage payment laws apply to employees only.

    Do you have a contract/agreement that specifies when you are to be paid for closed deals?

    Leave a comment:


  • goingmad
    replied
    I am a what he called a 10-99 although he didnt have me fill out a 10-99 I have a tax ID number that I was using instead.

    Leave a comment:


  • Pattymd
    replied
    Are you an employee (taxes deducted) or an independent contractor (no taxes and a 1099-MISC instead of a W-2)? Makes a difference as to the recourse you might have.

    Leave a comment:


  • Contract Employee Gets taken for a ride New Mexico New Mexico New Mexico New Mexico

    Hi. I have been working for an indapendant advertising rep here in NM by setting appointments for him. He was supposed to pay me 20.00 per appointment. Well the the week of Christmas he failed to pay me. He said that he didnt have the money and he would pay me asap. So then I had some extra appointments for him last week and He went on those. Now that it is time to pay again. He is saying that he doesnt owe me what I am claming infact it is 200.00 less which is a lie! I have all of our emails and all of the track sheets for appointments. But he never sigined a contract with me. Is there anyway I can get my money from him or am I out of luck? He asked that I take on no other clients than him and now I am broke and out of work and hes sitting pretty with my money! HELP!!!
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