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  #11  
Old 09-27-2013, 07:18 PM
williams lcm williams lcm is online now
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What company if you don't mind. I live and work near the villages. I would like to know. I mow out that way.
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  #12  
Old 09-27-2013, 07:25 PM
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zturncutter zturncutter is offline
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Originally Posted by Patriot Services View Post
A 1099 contractor can't collect unemployment. The person using a 1099 subcontractor is not considered an employer. Therefore they don't pay UE or WC on the 1099 subcontractor. They also don't withhold FICA, FIT or SSI. That responsibilty falls on the individual and can get himself in a buttload of trouble if he fails to file it on his taxes.
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If in fact the State/Feds consider him to be a subcontractor, which I don't believe they will. By filing for unemployment he will get the appropriate agencies involved at no cost to himself. By the way I have over 25 years of experience in the state of Florida with employees and sub contractors, thanks for the info.
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Old 09-27-2013, 07:42 PM
Yankeedownsouth Yankeedownsouth is offline
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I don't want to sound harsh but if you were jacked around by another firm prior to this occurrance, why did you let it go so long that the guy owes you back pay? What's the issue with the form you signed about workmans comp? Were you hurt on the job? Zturn is right, file for unemployment if you really want to persue this. I'd take it as another learning experience and move on.
It's not harsh but here's a bit of back story.

The company I worked for prior operated a large nursery outside the Villages that did Lawn Maintenance and Landscape installs. They are a pretty big company.

I worked for them for about two years and had no complaints other than not getting paid time and a half for overtime. I just didn't feel it was something big to complain about when I was usually only over by 5 hours on a few weeks here or there.

Eventually I moved out of the area and gave my two weeks notice however they failed to provide me with my last check which had two days on it. I was a little pissed so I took it upon myself to file a complaint with labor and hours. They did an investigation into the unpaid money and their failure to comply and pay correct overtime. After 3 months I was sent a check for back wages owed and from what I understand they took a huge hit in fines, back paid wages and lawyer fees.

Now, about my current situation. Work is just harder to find in the area I live in now (Citrus County). So I took the job even though I shouldn't be a 1099 contractor. I have always used their equipment and driven their trucks to jobs and contacts they scheduled.
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Old 09-27-2013, 07:43 PM
Yankeedownsouth Yankeedownsouth is offline
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Originally Posted by williams lcm View Post
What company if you don't mind. I live and work near the villages. I would like to know. I mow out that way.
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The company I originally went after is Fairfield Farms in Oxford, FL. I'd like to keep the name of this current company that operates in Citrus county anonymous until a later date .
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Old 09-27-2013, 07:59 PM
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"Now, about my current situation. Work is just harder to find in the area I live in now (Citrus County). So I took the job even though I shouldn't be a 1099 contractor. I have always used their equipment and driven their trucks to jobs and contacts they scheduled.[/QUOTE]"

This is my point, you would be considered an employee in this situation irregardless of of what ever bogus crap he had you sign. By the way, by miss representing his payroll he is committing insurance fraud as well because Liability and Work Comp. rates are based on payroll.
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Old 09-27-2013, 08:05 PM
Yankeedownsouth Yankeedownsouth is offline
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Originally Posted by zturncutter View Post
"Now, about my current situation. Work is just harder to find in the area I live in now (Citrus County). So I took the job even though I shouldn't be a 1099 contractor. I have always used their equipment and driven their trucks to jobs and contacts they scheduled.
"

This is my point, you would be considered an employee in this situation irregardless of of what ever bogus crap he had you sign. By the way, by miss representing his payroll he is committing insurance fraud as well because Liability and Work Comp. rates are based on payroll.[/QUOTE]

I kinda guessed that none of it was legal. Last I knew he was trying to get workers comp for just his wife and him.

I tried to call him once more tonight to let him know if this isn't settled by Monday than I plan to use whatever legal recourse I have (I didn't want to get specific). Needless to say, he basically told me to go f myself.

Whatever, if he wants to screw me out of $950 than I have no problem trying to cause as much pain and suffering to his business as possible.

For any of you wondering why I was "okay" with being owed money... The owners and I (he and his wife) became pretty good friends. At the time I had no reason to believe that they'd screw me out of any money or do anything like this. Unfortunately sometimes you give people a chance and they let you down.
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Old 09-27-2013, 08:11 PM
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Trying to get work comp. ? how many guys did he have working for him at the time ?
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Old 09-27-2013, 08:15 PM
Yankeedownsouth Yankeedownsouth is offline
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Originally Posted by zturncutter View Post
Trying to get work comp. ? how many guys did he have working for him at the time ?
At that current point in time he had 4. Currently he has 5 people working for him. And at one point he had 6 people working for him.

Edit: I'm not actually sure if he did manage to secure workers comp yet for him and his wife. I think he did but I'm not 100% on that.
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Old 09-27-2013, 08:15 PM
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Patriot Services Patriot Services is online now
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Originally Posted by zturncutter View Post
If in fact the State/Feds consider him to be a subcontractor, which I don't believe they will. By filing for unemployment he will get the appropriate agencies involved at no cost to himself. By the way I have over 25 years of experience in the state of Florida with employees and sub contractors, thanks for the info.
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. This is why I always get my extras from agencies so I don't have to deal with the extra paperwork and the gummint gets there paper and money.
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Last edited by Patriot Services; 09-27-2013 at 08:21 PM.
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Old 09-27-2013, 08:20 PM
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zturncutter zturncutter is offline
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Originally Posted by Yankeedownsouth View Post
At that current point in time he had 4. Currently he has 5 people working for him. And at one point he had 6 people working for him.

Edit: I'm not actually sure if he did manage to secure workers comp yet for him and his wife. I think he did but I'm not 100% on that.
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
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