I was hired by the contractor to build fences and decks for his landscaping company. I am not a licensed contractor, nor did I make any claim to be. He has refused to pay for all the authorized extra work due to changes and additions to the originally planned deck. How do I recover the lost wages????
2006-12-22 11:52:05 · 5 answers · asked by Lori Lynn 1 in Business & Finance ➔ Careers & Employment
If you're an employee, you should be paid for hours worked. If you're an independent contractor, paying you for the job isn't unusual.
The IRS has rules that govern which you are. Basically if the boss controls HOW you do the job, and not just the overall job, then you're more likely considered an employee.
Companies like to hire people as contractors rather than employees, since they save the 7.65% of their salary they'd otherwise have to pay for social security and medicare.
Have you been working for him for awhile? Has he been taking taxes out of your check? That would imply he considers you an employee.
Read through http://www.irs.gov/businesses/small/article/0,,id=99921,00.html for more information.
2006-12-22 11:59:51 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
The IRS has a good description of the difference between an employee and a contractor. The attached link has the details. Your question is a good one, in that the answer will determine what your next step should be to collect for your work.
2006-12-22 12:01:14 · answer #2 · answered by oakhill 6 · 1⤊ 0⤋
When you were filling out your employment paperwork did you fill out a W-9 or W-4. If you filled out the W-9, it means you are an independant contractor. If you filled out a W-4 that means you are en employee.
2006-12-22 11:56:20 · answer #3 · answered by Michael N 2 · 0⤊ 1⤋
The difference is whether he pays you with a paycheck with taxes deducted or wether he pays you a gross paycheck and you are responsible for paying your own taxes from it. Either way, sounds like he owes you money...you may have to sue...
2006-12-22 12:08:07 · answer #4 · answered by beetlejuice49423 5 · 0⤊ 0⤋
Do you use his tools and supplies? And are you going to the same jobsite with him? If you answered "yes" to these, you are an employee, but check with an attorney to be certain.
2006-12-22 12:02:59 · answer #5 · answered by Delta Charlie 4 · 0⤊ 0⤋