Employee vs. Independent contractor legal loophole?

TTH was just looking for ways to make a buck, so he can appear to be more generous without spending his own money. I've referred people to their state Departments of Labor, and had very good results. Those guys are mean, and they don't take a fee from you.

I'm not saying we should have Departments of Labor, but as long as they are there, use them. You pay for them.

The IRS has some guidelines:

http://www.irs.gov/businesses/small/...=99921,00.html

This area is a fairly hot field for class actions these days. Employers frequently deliberately misclassify employees to save money. But you can bring a class action on behalf of those who were improperly classified and get substantial relief depending upon the facts. Let me know if your friend wants to seriously follow up on this. Originally Posted by TexTushHog

Totally inappropriate.

The response by TexTushHog was a good one. My understanding there are a lot of lawsuits pending on this type of issue. Companies try to escape having to provide benefits, etc. by calling people independent contractors. The IRS has some pretty good definitions.

With ObamaCare coming to our rescue, the employers trying to escape paying the healthcare penalty by clasifying employees as independent contractors will sky rocket. Originally Posted by tigercat

Texhushhog,

I will refer him to this thread and he can read up on all this. One thing I have noticed in all the years I have known him is he never gets past a 2 year period with any of these companies working with this company who sends him out as a contractor. 2 years comes up and then he and a bunch of others are laid off or fired. His dad is almost 70 and gives him a hard time because he use to be a Human Resource Manager for many years for some company before he retired. Telling him his resume looks bad because it appears he is going from one company to the next never getting any real long term employment. He did have one company offer him some benefits but they were piss poor (really poor) and he was better off just paying out of pocket to see his own doctors. Anyway again thanks for all the input, again I will send him the link to this thread and let him read up.

I still say try the Dept of Labor first, but if they don't do anything, I'd send him to TTH. I'd expect TTH to really go to town on a case like this.

And TTH, before you respond, that was a COMPLIMENT! From ME! From what I gather about you on this board, I think you would work like hell to right this wrong, and I would support you!

Now, about my referral fee . . .

Some State's Department of Labor are better than others. And if he's only looking to right the wrong in his individual circumstance, it's not a bad place to start. That being said, it seems to me if these folks are violating the law -- and I don't know that they are, we have far too few facts to make that conclusion at this point -- why just right the wrong of one of the many people that they've fucked. If that's all that happens, they've made money by violating the law and will do it again and again, thereby placing honest competitors at a economic disadvantage. I'd prefer to right the wrong and punish them, thereby placing them at a disadvantage viz a viz their honest, law abiding competitors.

Even I can't argue with that.

If you think "independent contractor" status is abused now, wait until 2014. Of course in 2015 and 2016 those folks will be feling the pain of a really bad choice.

TTH is right. The gentleman in question needs to discuss his situation with an attorney who has expertise in labor law, and, in particular, labor law as it pertains to computer people. There are some really ugly wrinkles in that sub-branch, courtesy of Mr Moynihan, may he burn. (Moynihan claimed to admit afterwards that he'd been hoodwinked, but never bothered to do anything to correct it.)

The gentleman also needs to do everything in his power to improve his saleability, and GET THE HELL OUT OF THE PARTICULAR CORNER OF HELL HE IS CURRENTLY STUCK IN.

TTH is right. The gentleman in question needs to discuss his situation with an attorney who has expertise in labor law, and, in particular, labor law as it pertains to computer people. There are some really ugly wrinkles in that sub-branch, courtesy of Mr Moynihan, may he burn. (Moynihan claimed to admit afterwards that he'd been hoodwinked, but never bothered to do anything to correct it.)

The gentleman also needs to do everything in his power to improve his saleability, and GET THE HELL OUT OF THE PARTICULAR CORNER OF HELL HE IS CURRENTLY STUCK IN. Originally Posted by Sidewinder

doesn't ShysterJon do this sort of thing?

Okay, I will admit I skimmed some of it so sorry if I missed it.

What are you calling benefits?

Usually "benefits" are perks given out by companies, but they are not required to do so. Like a 401k, companies don't have to offer an employee a 401k option, they choose to.

No offense, but this thread is from Jan. 2012 and the OP stated the issue's been resolved. So why the replies?

I know. I got a warning for my post back in February, 2 days ago...LOL

I know. I got a warning for my post back in February, 2 days ago...LOL Originally Posted by IIFFOFRDB

As well you should have. TTH is a Great American.

In fact, this thread is unusual because it has posts by both Great Americans and Total Assholes. I'll let you each decide on your own which I think you are. Haha.