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  #21  
Old 09-27-2013, 08:23 PM
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zturncutter zturncutter is offline
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Originally Posted by Patriot Services View Post
Not trying to start anything. Were good like that. I'm wondering if I'm wrong on this. What is the connection to UE and being a 1099. I always thought you were SOL if you were a 1099 and let go. I'm laughing because I'm imagining a stripper (they're 1099s too from what I read) filing for UE. I'm sure if the employer is trying something shady then by all means get some gummint suits involved.
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You are not wrong as long as they are legitimately Sub Contractors. My point is that I believe by legal definition they all are actually employees and there fore would be entitled to unemployment benefits.
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  #22  
Old 09-27-2013, 08:24 PM
Yankeedownsouth Yankeedownsouth is offline
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Originally Posted by zturncutter View Post
Then "IF" these "WORKERS" were not legitimate Sub Contractors and are actually employees by legal definition then he is in violation of the state Workers Comp. law
Oh I don't doubt that one bit. Like I said, we all worked on his schedule, with his equipment driven by his trucks that were running on his fuel :P.

EDIT: Does anyone have a good idea on how to actually get the money out of him I'm owed? That is my main concern at the moment. My secondary objective is to harm his business legally.

I'm goin' in dry on this one :P.
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  #23  
Old 09-27-2013, 08:26 PM
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zturncutter zturncutter is offline
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Originally Posted by Ric View Post
The following is only Hear say.

A 1099 subcontractor must supply his own transportation and tools. If he drives/rides in the company truck and uses company tools, he is an employee not a sub contractor. Employees must have workers comp and pay taxes & SS.

1099 subcontractors must also pay SS & Taxes.




Under Fla Chapter 482, Commercial Pest Control company can not 1099 any employee. If I so much as hire a spray hose puller for a day, I must put him on the books and take taxes out of his pay. This is one of the way the State is finding Rent A Licenses.

.
Patriot - I think this is one point Ric was making !
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Last edited by zturncutter; 09-27-2013 at 08:34 PM.
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  #24  
Old 09-27-2013, 08:32 PM
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zturncutter zturncutter is offline
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Originally Posted by Yankeedownsouth View Post
Oh I don't doubt that one bit. Like I said, we all worked on his schedule, with his equipment driven by his trucks that were running on his fuel :P.

EDIT: Does anyone have a good idea on how to actually get the money out of him I'm owed? That is my main concern at the moment. My secondary objective is to harm his business legally.

I'm goin' in dry on this one :P.
Let him know that you are going to touch base with the unemployment office as well as his insurance carriers. May not work, he may not have the money.
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Old 09-27-2013, 08:42 PM
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Got to wonder, don't any of his customers require Certificates of Insurance before hiring the company. Just got my city business licenses and they required Certificates of Insurance made out to the city before they would renew my licenses.
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Old 09-27-2013, 08:58 PM
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Just to add - all of my commercial contracts require a certificate of insurance showing a minimum of 1 Mil liability and 3 of them require Work comp certificates as well.
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Old 09-27-2013, 11:47 PM
Judo Judo is offline
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Originally Posted by Mark Oomkes View Post
Start with DOL then move onto a private attorney.

And they guy is a dirtbag attempting to deny injuries on the job are not his responsibility.



Length of time worked has nothing to do with whether one is an employee or sub. Subs can work for years and years and years and not be employees.
Not true Mark per State Farm Insurance guidelines. If you work full time for one employer and don't have your workers comp and liability insurance, then your an employee. So, yes indeed it has to do with time.
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  #28  
Old 09-28-2013, 10:56 AM
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Originally Posted by zturncutter View Post
Just to add - all of my commercial contracts require a certificate of insurance showing a minimum of 1 Mil liability and 3 of them require Work comp certificates as well.
It blows my mind how easy and what little requirements there are to go into Business in Florida. True, Commercial account, especially if managed by a management company require Certifications, Licensing and Insurance. However to work for home owners, there is no real requirements. A occupational license from the local county is about all that is required. Then Insurance isn't required to buy a $ 35.00 occupational License. Years ago I was told the powers to be wanted to make it easy for fly by night operators. Keeping Cost of living down to attract more snowbirds was the reason

WHAT REALLY MAKES ME MAD is the state Ag inspectors who regulate the Devil out of my LEGAL Pesticide Company and turn a blind eye on the Illegal guys. After a crazy neighbor screamed about Pesticides, I was inspected by EPA with umpteen soil samples, 12 signed and witness affidavits, and 4 hours of questioning. BTW they send 3 inspectors and while the stress level was through the roof I manage to pass.

Bottom Line is being totally legal cost big time. While the Fly by night guys are getting away with murder. They can charge less and make more because they don't have the Legal Overhead.

..







Florida state Pesticide License requires a Certificate of Insurance
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  #29  
Old 09-28-2013, 04:40 PM
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Quote:
Originally Posted by Ric View Post
The following is only Hear say.

A 1099 subcontractor must supply his own transportation and tools. If he drives/rides in the company truck and uses company tools, he is an employee not a sub contractor. Employees must have workers comp and pay taxes & SS.

1099 subcontractors must also pay SS & Taxes.




Under Fla Chapter 482, Commercial Pest Control company can not 1099 any employee. If I so much as hire a spray hose puller for a day, I must put him on the books and take taxes out of his pay. This is one of the way the State is finding Rent A Licenses.

.
I sprayed an Accountant's yard today and ask him about 1099 Employees. He said the IRS's definition would blow a lot of peoples minds. In other words a lot of companies using 1099 labor are in serious violation of the law.

.
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"TG doesn't give a rats ass about being "Responsible" as long as sales/production quotas are met. That's it in a nutshell. A recipe for disaster IMO." Ted Putnam 2/28/14

You can lead a Donkey to water but you can't make the Jackass Drink

"As Americans you have the right to be stupid." John Kerry

"Life is tough, but it's tougher when you're stupid.” John Wayne.
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  #30  
Old 09-29-2013, 12:24 PM
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mjlcare2 mjlcare2 is offline
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and that's where you broke the law yourself.. I would immediately go back and change whatever email account info you just changed..

Two wrongs don't make a right!
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