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can u sub contract an employee

Discussion in 'Lawn Mowing' started by afftandem, Jan 6, 2005.

  1. afftandem

    afftandem LawnSite Member
    Messages: 196

    or is he yours and you pay soc sec. wrkmns comp etc????? if you can, what do you do to ensure he is protected.. such as wrkmans comp???
  2. grass-scapes

    grass-scapes LawnSite Bronze Member
    Messages: 1,552

    Just by your question a sub cannot be an employee and an employee cannot be a sub. try this test. If he has to work when you tell them to, he is an employee. Thats not the only test, by any means, but it should be the first one. IF he can come and go and do the work on his time, then its POSSIBLE he could sub. and if he is a sub, he is responsible for protecting himself, but that could bite you on the butt. Better to hire, pay for insurance and W/C and keep your butt out of a sling, in my opinion.
  3. scaglawnsnj

    scaglawnsnj LawnSite Senior Member
    from nj
    Messages: 435

    thats nitty gritty you could 10.99 him on taxes but he has to have his own insurence....and make sure you take proper accounting of his pay..if you over charge on 10.99 to save on your taxes he can have you audited by the state and irs =tax froud and mayjor fines and possible lean on house and loss of buisness....damn the reason is i was 10.99ed on window installs i was over charged on my tax bill he sent irs over my pay roll he is know ****** that was when i was 20 i giess he thought i was stupid

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