Legality of 1099 Employee's and going after money owed

Discussion in 'Florida Lawn Care Forum' started by Yankeedownsouth, Sep 26, 2013.

  1. williams lcm

    williams lcm LawnSite Bronze Member
    Posts: 1,020

    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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  2. zturncutter

    zturncutter LawnSite Bronze Member
    Posts: 1,308

    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. :waving:
     
  3. Yankeedownsouth

    Yankeedownsouth LawnSite Member
    Posts: 27

    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.
     
  4. Yankeedownsouth

    Yankeedownsouth LawnSite Member
    Posts: 27

    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 :).
     
  5. zturncutter

    zturncutter LawnSite Bronze Member
    Posts: 1,308

    "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.
     
  6. Yankeedownsouth

    Yankeedownsouth LawnSite Member
    Posts: 27

    "

    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.
     
  7. zturncutter

    zturncutter LawnSite Bronze Member
    Posts: 1,308

    Trying to get work comp. ? how many guys did he have working for him at the time ?
     
  8. Yankeedownsouth

    Yankeedownsouth LawnSite Member
    Posts: 27

    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.
     
  9. Patriot Services

    Patriot Services LawnSite Fanatic
    Posts: 12,528

    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: Sep 27, 2013
  10. zturncutter

    zturncutter LawnSite Bronze Member
    Posts: 1,308

    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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