Adding one more mowing employee

Discussion in 'Lawn Mowing' started by snap12.5, Jan 11, 2005.

  1. snap12.5

    snap12.5 LawnSite Senior Member
    from Ohio
    Messages: 288

    adding one employee to solo operation: can u have them sign a contract that if they work for u they assume all risk so u dont have to pay workers comp??? kind of like a subcontractor? what kind of a contract is needed so that u are protected if something does happen to this employee on the job???
  2. Turf Medic

    Turf Medic LawnSite Bronze Member
    Messages: 1,073

    It won't work. If you provide the equipment, set the hours, collect the money, they are an employee. The IRS and many other government entities frown on the practice of calling employees sub-contractors.
  3. lawnprosteveo

    lawnprosteveo LawnSite Bronze Member
    from Tulsa
    Messages: 1,930

    Turf Medic is right. I've visited with several tax pros re: this matter. They all say exactly the same thing. If its your equipment, you set the hours, you collect the money, you direct them in any way, then they are an employee
  4. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Messages: 10,178

    don't even try it. you want to stay out of trouble? do it properly
  5. I second,third and fourth everything said. Do it right, all you need is one p#ssed off employee to make your life miserable. payup
  6. Lawrence Lawns

    Lawrence Lawns LawnSite Member
    from zone 7
    Messages: 23

    That would be a major NO NO. There is no such contract that can be attained. If a person is working for you, that is to say doing a job of any nature while for the well being of your business, they are your employee. And with an employee, they must be insured with comp coverage by law. The only way a person could be subed is if he has his own business and pays all of his taxes under his business name as said. Too many people try to beat the system, but when it comes down to it it's plain illegal. Sometime during our business journey we've all got to bite the bullet if we want people working for us. We did'nt hire until we could afford these types of overhead. If you can't justify the cost of having an employee, than you're probably not ready to hire. I leave you with some words of encouragment. Just keep doing what you are doing and endure. Keep your drive to run the business high. Ask questions and freqently talk to other owners. Encourage one another. It gets tough doing it all yourself, been there done that. Thought I'd never make it. You will make it! don't look back!
  7. Likestomow

    Likestomow LawnSite Senior Member
    Messages: 997

    It works, it doesn't work... you can and you can't. All I'll say is, yes, it does work, until you get sued. Then you'll discover that it's all fantasy and all the stories and wrong advice you have been counting on have put you in a very scary and uncomfortable place. You don't want to get sued, so seek professional advice.
  8. snap12.5

    snap12.5 LawnSite Senior Member
    from Ohio
    Messages: 288

    thanks for the replies. likestomow- when u say "sued" u mean by the employee for medical costs etc resulting from injury, right?
    what if this employee helps periodically throughout the year for like an average of 10hrs/week. do u still need workers comp? if it is required even if the employee works on an "as needed basis," is the workers comp premiums adjusted lower or do u pay wcomp no matter how many hours they work? what do u think it would cost to cover just 1 employee on an annual basis? -thanks
  9. cgland

    cgland LawnSite Bronze Member
    Messages: 1,929

    Employee = workmans comp whether they work 1 hour or 80 hours. payup
  10. Reel B

    Reel B LawnSite Member
    Messages: 14

    It was my understanding that companies employing less than 4 or 5 people could be exempted from paying workers comp. Was I misinformed?

    Thanks in advance.

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