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re: Question about defining an employee as a "independent contractor"
Posted on 1/10/18 at 11:01 am to HubbaBubba
Posted on 1/10/18 at 11:01 am to HubbaBubba
Might want to make sure your nephew wasn't partaking in the "benefits" of filing as self-employed. I.e. deducting mileage to work, tools that he may of mostly bought for home use, ect. If he sues claiming he was an employee then his previous tax returns may be looked into by the IRS.
A lot of small companies do what this company did. As long as your neph knew what his pay was and that he was considered a contract then I honestly don't have a problem with company. And I assume he was aware of the situation since he worked for them for 10 years. Maybe he's mad and wants some sort of revenge against the co.
A lot of small companies do what this company did. As long as your neph knew what his pay was and that he was considered a contract then I honestly don't have a problem with company. And I assume he was aware of the situation since he worked for them for 10 years. Maybe he's mad and wants some sort of revenge against the co.
0
Posted on 1/10/18 at 11:46 am to HubbaBubba
Based on what you presented he is definitely an employee and should be reimbursed for anything he paid out of pocket that should be covered by the employer (self-employment taxes, liability insurance, OT pay...), I do not know about the lost pay for health insurance and 401k match.
Did no see it mentioned, but federal law does require time and a half for any hours worked in a set work week over 40 hours (some states are higher). I'd imagine it's a safe assumption that he was not paid OT wages.
PTO, he would also need to look at the companies PTO policy to see if he is obligated to be paid for any PTO that he went unpaid (contractors do not get PTO).
He needs to go to the Department of Labor and discuss with them. He should also consider hiring an attorney; but as someone else mentioned he needs to look at his prior tax returns.
Did no see it mentioned, but federal law does require time and a half for any hours worked in a set work week over 40 hours (some states are higher). I'd imagine it's a safe assumption that he was not paid OT wages.
PTO, he would also need to look at the companies PTO policy to see if he is obligated to be paid for any PTO that he went unpaid (contractors do not get PTO).
He needs to go to the Department of Labor and discuss with them. He should also consider hiring an attorney; but as someone else mentioned he needs to look at his prior tax returns.
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