Fired after First Day

Discussion in 'Employment' started by cutman2000, Oct 19, 2018.

  1. TX Easymoney

    TX Easymoney LawnSite Platinum Member
    Messages: 4,301

    I immediately call our local workforce agency directly and see if they have any outstanding child support withholding for the employee...most of the time =yes, especially when they work for the day and quit
    TPendagast likes this.
  2. Smokindog

    Smokindog LawnSite Senior Member
    Messages: 306

    Pay that person as you pay everyone else and as you intended to pay them had they not "washed out".

    Even in at will employment cases you must have consistency in the application of your policies should it ever come to a legal discussion. If you pay all your other employees W2, take the time and effort to pay this person for their time via W2. Treat them no differently than a person you've let go after multiple years.

    Say nothing more than this isn't working out and pay them. Check your State workforce commission. In Texas I believe you owe them that final check within 6 days for involuntary separation.
    AlohaMowing and Mark Oomkes like this.
  3. Greg Hargus

    Greg Hargus LawnSite Member
    Messages: 12

    Just a quick tip. 1099 people must be a subcontractor by law. Meaning you cant pay a person using a 1099 if they act like an employee. By employee that means you tell them what time to show up. You provide the tools. You provide a ride to the sight. As a subcontractor you would give them an address and tell them what the scope of work is. And that's it. Many people get away with it for a long time, but many are busted. The fines and penalties can ruin a company. And all that is needed to get busted is one single employee complaint to the IRS. Say when they get the 1099 at the end of the year and they have already been fired. And they dont have the money to pay the taxes owed. The IRS will force you to pay half the tax burden and them can fine several thousand dollars per offense.

    So be very careful using a 1099. A good CPA or better yet a few hours with a LLM lawyer. Also know as a tax attorney can save your butt.
    AlohaMowing likes this.
  4. Koehn's Lawn Service

    Koehn's Lawn Service LawnSite Senior Member
    Messages: 876

  5. Greg Hargus

    Greg Hargus LawnSite Member
    Messages: 12

    I should ad. If the person working for you as a 1099 person. If the total paid to them is less than $500 you are not required to do anything other than pay them. No 1099 required.
    grassmonkey0311 likes this.

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