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Legality of 1099 Employee's and going after money owed

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

  1. zturncutter

    zturncutter LawnSite Bronze Member
    Posts: 1,308

    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.
  2. Yankeedownsouth

    Yankeedownsouth LawnSite Member
    Posts: 27

    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.
  3. zturncutter

    zturncutter LawnSite Bronze Member
    Posts: 1,308

    Patriot - I think this is one point Ric was making !
    Last edited: Sep 27, 2013
  4. zturncutter

    zturncutter LawnSite Bronze Member
    Posts: 1,308

    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.
  5. zturncutter

    zturncutter LawnSite Bronze Member
    Posts: 1,308

    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.
  6. zturncutter

    zturncutter LawnSite Bronze Member
    Posts: 1,308

    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.
  7. Judo

    Judo LawnSite Member
    Posts: 45

    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.
  8. Ric

    Ric LawnSite Fanatic
    Posts: 11,956

    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
  9. Ric

    Ric LawnSite Fanatic
    Posts: 11,956

    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.

  10. mjlcare2

    mjlcare2 LawnSite Member
    Posts: 200

    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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