Comments on: Employee vs. Independent Contractor: Factor 5 - Integral Nature of Worker http://www.atkinssc.com/employee-vs-independent-contractor-factor-5-integral-nature-of-worker/ Helping Taxpayers deal with their IRS Problems Sat, 22 Nov 2008 12:16:02 +0000 http://wordpress.org/?v=2.5 By: Mitchell Demchak http://www.atkinssc.com/employee-vs-independent-contractor-factor-5-integral-nature-of-worker/#comment-121 Mitchell Demchak Thu, 04 Oct 2007 02:54:06 +0000 http://www.atkinssc.com/employee-vs-independent-contractor-factor-5-integral-nature-of-worker/#comment-121 I am not sure if this post is appropriate, but here goes: I have taken 2 part time jobs as an "independent contractor" The first is as a courier for a company that has a contract with banks for bulk intercompany mail delivery. I report to a dispatch area to check for any mail that needs to be dropped off to the branches on my assigned delivery route. I then proceed to pick-up and drop off mail at assigned branches and return to dispatch for drop off. FACTS: 1) signed contract as "independent contractor" 2) Will recieve 1099; no taxes withheld 3) Use own Vehicle, no logos on it. But,required to wear company shirt 4) Pay Flat-Rate per day based on route-Agreed upon in contract 5) Pay deduction for Corporate Insurance Policy- I assume Liability Poilicy;This was not negociable 6) Pay period also includes a minimal gas allowance credit 7) Pay was deducted for Company shits and for padlock and chain. 8) NO milage or other expenses paid by company except for the mentioned gas allowance 9) Recieved 1 day unpaid training on route; minimal supervision except for checking for wearing Corporate shirt; manager occasionally calls my cell phone, but never leaves voicemail. 10) There are no performance bonuses, but the route can be completed before the required time using shorcuts and bypassing heavy traffic areas I belive that I have a case for misclassification. The bottom line is that I am paid less than the IRS allows for standard mileage deduction. I am paying this company for the privelage to work! Do I have justification to take action with this company? Any thoughts? The second job is delivering newspapers. The PA Courts seemed to side with the newspaper companies in regards to Unemployment Compensation disputes. I am not sure why? This company Contracts with a number of Newspapers to deliver papers to thier subscribers. It has Employee managers that train the contractors, so I am basically doing the main job that the Newspapers contracted this company to do. Any thoughts or comments? I am not sure if this post is appropriate, but here goes:

I have taken 2 part time jobs as an “independent contractor”

The first is as a courier for a company that has a contract with banks for bulk intercompany mail delivery. I report to a dispatch area to check for any mail that needs to be dropped off to the branches on my assigned delivery route. I then proceed to pick-up and drop off mail at assigned branches and return to dispatch for drop off.

FACTS:

1) signed contract as “independent contractor”
2) Will recieve 1099; no taxes withheld
3) Use own Vehicle, no logos on it. But,required to wear company shirt
4) Pay Flat-Rate per day based on route-Agreed upon in contract
5) Pay deduction for Corporate Insurance Policy- I assume Liability Poilicy;This was not negociable
6) Pay period also includes a minimal gas allowance credit
7) Pay was deducted for Company shits and for padlock and chain.
8) NO milage or other expenses paid by company except for the mentioned gas allowance
9) Recieved 1 day unpaid training on route; minimal supervision except for checking for wearing Corporate shirt; manager occasionally calls my cell phone, but never leaves voicemail.
10) There are no performance bonuses, but the route can be completed before the required time using shorcuts and bypassing heavy traffic areas

I belive that I have a case for misclassification. The bottom line is that I am paid less than the IRS allows for standard mileage deduction. I am paying this company for the privelage to work! Do I have justification to take action with this company? Any thoughts?

The second job is delivering newspapers. The PA Courts seemed to side with the newspaper companies in regards to Unemployment Compensation disputes. I am not sure why? This company Contracts with a number of Newspapers to deliver papers to thier subscribers. It has Employee managers that train the contractors, so I am basically doing the main job that the Newspapers contracted this company to do.

Any thoughts or comments?

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