Independent C kills gas line.. advice

[circlelawn]

About 3 months ago I hired an independent contractor to help with my yards using my equipment, not an employee because I didnt want to train someone. well today I get a call from the customer who says his gas line is destroyed and the yard looks like sh*t. I get there and there is grass all over the driveway and walkways and the gas line needs to be replaced. I call the IC and he was like well I didnt think it was a big deal and says he sorry. I gave him the choice to quit or if he wants to stay his pay check can go towards the gas line. He then replies that he shouldnt be responsible for the gas line... any advice?

[topsites]

A true independent contractor would have used their own equipment,
so I'm guessing the guy doesn't have insurance either.

[shovelracer]

Your accounts with your equipment sounds like an employee to me. Taxes, insurance, and accidents included.

[circlelawn]

so should i just let him go and pay the plumbing bill? with your employees is there any responsibility when people do stuff like this or do you just take the hit and move on?

[Scagguy]

If he uses your equipment and you gave him a schedule to follow he is an employee and not an IC. You might get by 1099 him just because he worked for you a short period of time, but I'd recommend against that. Bottom line......you're responsible for the damage. Pay for it, move on and learn from this mistake. After all....that's about the only thing you can do. I'd probably take it a step farther and black ball his ass with the other LCO's that I know.

[JB1]

independent contractor, whatever its your story, you might want to polish it up a little better.

[Furness & Sons L&L]

if hes an ic then he should repair gas line, if hes an employee its up yo you to repair it. What was your agreement when u hired him, does he have ins, biz lic, vehicle.....why on earth would u let him use your equip? Does he start his day when he wants or is he at shop at &am?

[ALLPro Landscaping]

Did you look into this guy further before you hired him, did you ask to see proof of insurance, things you have to check before you hire someone as an IC, However he did admit to screwing up the yard, so yeah he should be responsible but on the other hand he sound more like an employee at this point. Like topsites said if he was a true IC he would have had his own equipment to do the job you requested, Another thing if you just hired this guy you should have been their the first day, just to make sure things go right, and next time you use an IC ask for info and get some pics of work he has done, I have pics of everything I have done whether it came out good or not. Not trying to be a d"""K but their are guys out their that will do work for you then screw you and in the long run you looses the customer, also you may not want to, but if this customer is a long term client, just fix what ever they are not happy with and then debate it with him, don't loose your customers for some you know what.Good luck

[Stillwater]

pay him, let him go hard and fast and fix the gas line asap.

[juspayme]

not to be another i told you so person but if you want to be in business correctly, hire an atty and an accountant and they will instruct you on things like this. get the correct insurance and pay the correct taxes.

the most important aspect of being in business is your management skills. you need to be on top of them at all times. i know you are learning your lesson. be thankful no one got hurt or nobody was smoking at the time is broke.

pay for the line, seed or sod it well. it wont be the last mistake you make, make sure that customer is very happy.

in our town we have a lawn care service that was parked half on and half off the road while they were cutting a lawn. a lady hit the back of his landscape trailer. she was 79 and got so excited and upset she had a heart attack and died.

to top it all off his inspection sticker was out of date for 6 month.

things to think about.

[71ragtopgoat]

I like the idea. When my guy backed into a 2 year old corvette I should have tried the independent contractor thing. I felt like doing the no speak"e" english thing!

[fastbs]

pay him, let him go hard and fast and fix the gas line asap.

+1 and let the others in your area know about him

[Runner]

You are completely liable in so many ways, that you have no defense. In the first place, even if he WAS an independent contractor, he probably isn't insured, which it is YOUR responsibility to check and to know. Without insurance on his behalf, they are going to come to you. Furthermore, I wouldn't even make waves with this guy. If you want to let him go, you go right ahead and do that, but don't try to extort money from him, because it will come back and bite you. If and when an employee (which again,...that is what he was) does damage on your behalf (as an agent for your company), he or she is not responsible for the cost of damages - same goes with damage to equipment. If this guy wanted to contest it, he could cause some serious headache for you, and you BETTER wish that doesn't do it anyway. All he has to do is make a call - to an agency such as the labor commission, or the IRS and you're screwed. So,..if he walks away peacefully, and doesn't raise any dust,...you better consider it as a blessing. And next time - get and have all your ducks in order. Learn the requirements and laws around hiring independent contractors, because if and when you get into court, they will not allow ignorance as an excuse. For some reason, when people say "I didn't know", it just doesn't turn their case or judgment around.

[Roger]

What Runner said, ...

The gas line and the sloppy work at the lawn is the least of the concerns in this case. The law concerning these matters is pretty clear. The penalties are much, much more than fixing the gas line, or recutting the grass to clean it up.

First order of business, get the employee/IC contractor matter cleared up ASAP.

[Hawkshot99]

in our town we have a lawn care service that was parked half on and half off the road while they were cutting a lawn. a lady hit the back of his landscape trailer. she was 79 and got so excited and upset she had a heart attack and died.

to top it all off his inspection sticker was out of date for 6 month.

things to think about.

Ok, you can't make a remark like that and not say what the end results were. When I am parked at a house, I park in front of a neighbors house, but entirely on the road. I know I don't want a lawn company parking their trailer on the lawn at my house and putting in deep ruts.

[pclawncare]

Runner is correct he was not an IC no matter how hard you want to try and make him one. Which means you havent been doing the proper witholdings and paying your portion. Man if the IRS gets a hold of you yikes. Ask FedEx how the IC thing worked out for them. People using their equipment and trucks wearing their company supplied uniforms driving thier specified routs and working hours specified by Fed Ex. I dont know what the total bill was but last i herd the IRS was looking all the way back to 2003 and for a company of that size that is going to be alot of taxes and penalties. The IRS is not something that you wana play hide the dollar with because they will come and take that dollar and every other dollar you have.

[Hanau]

The only way the IC thing could even come close to working is if you had a subcontractor agreement with him and he was renting your equipment. Even then, it's doubtful it would work.

Fix the gas line, make the customer happy, and chalk it up to tuition at the school of hard knocks.

[Stillwater]

All you need to know about independent contractor status is right hear

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

[txgrassguy]

First of all this dude isn't properly classified as an Independent Contractor - he is an Employee.
The IRS has eleven quick steps to determine what constitutes an Employee verse a Independent Contractor and this doesn't even come close to an I.C. status.
Therefore, YOU are responsible for the repair and all costs associated with the damage your Employee created.
Pursuing the Employee for damages based on his purported negligence is a wonderful way to run afoul of both your State and Federal Employment regulations unless you have approved written standards already in place, signed and acknowledged by the Employee.
Based upon the comments in your post you don't.
So learn from the experience, comprehend the steps necessary to operate a business and proceed from there.
As a final note, when a situation like this occurs on a client's property the ONLY thing you should say is "I'll take care of it". Don't explain to the client your business model, method of operation (as in this case you are markedly deficient) as should the client pursue civil a civil remedy through their insurance provider you can bet dollars to donuts that insurance company will make the appropriate noises to the IRS about your business.
Think it can't happen?
Wrong, this happens all of the time.

[Runner]

Wow...The guy hasn't been on here since...I wonder how he is handling it?

[anotherturfgeek]

so should i just let him go and pay the plumbing bill? with your employees is there any responsibility when people do stuff like this or do you just take the hit and move on?


Even though he is an IC you are still ultimately responsible for any damages since it is still your account. With luck and he does have ins. He should cover it.

With own employees, they are workong under your insurance.
If I wanted to keep this account, I would fix the pipe, lawn issues immediately.

Also ALWAYS check behind IC'c or employees if you want to stay in business!