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Old 01-27-2013, 08:39 AM
 
Location: Log "cabin" west of Bangor
2,958 posts, read 3,165,824 times
Reputation: 2505
Quote:
Originally Posted by rothbear View Post
Now I am looking to add a second part time office job, $10/hour, and again this person asked about 1099 vs. W-2. Again, I told her the same thing. I realize that a 1099 is easier for them to do as they don't have to bother with sending in the taxes, etc., but I'm hoping that she doesn't disqualify me because of that. I would be her first and only employee, but is me expecting them to pick up the FICA and Medicare taxes on such a low wage job so bad? I'm not sure I liked the look on her face when I told her that I would prefer a W-2 and why.

Has anyone else run into this a lot lately?
Perhaps she is merely ignorant of labor laws and IRS rules, and needs to be educated in the requirements and differences of an employee and a 1099 independent contractor.
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Old 01-27-2013, 08:57 AM
 
Location: Long Neck,De
3,695 posts, read 2,121,871 times
Reputation: 3294
Quote:
Originally Posted by Zymer View Post
Perhaps she is merely ignorant of labor laws and IRS rules, and needs to be educated in the requirements and differences of an employee and a 1099 independent contractor.
I once knew a business owner who did not know she had to pay overtime for over 40 hours a week. She was one of the sweetest kindest people I have ever known. I don't believe she was trying to pull anything.
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Old 01-27-2013, 09:00 AM
 
636 posts, read 957,620 times
Reputation: 900
Quote:
Originally Posted by Mystique13 View Post
There is nothing misleading about it. Let's speak English and address serious issues. Let's scrap the law textbook and legalese lingo.

The question is will you get any of the things I mentioned? The correct answer is no. Even if you sue, chances are you will lose. For someone who wants to protect one's self, under the 1099 you do not get the same protection as you would under the W2. 1099 disqualifies you from getting those things. You pay certain taxes under the W2 and are designated as an employee so you can have certain rights and certain protection.
^^Agree again here...all that well maybe /maybe not nonsense is just that...nonsense. My husband was fired from one of his 1099 jobs (technically "fired"? but how if you are a private contractor with no contract in place and it didn't 'expire'...?) He went to file for unemployment - this was 22 years ago - and they told him in no uncertain terms, no unemployment for 1099ers and didn't you know that? No workers comp, no UI, no nothing.

It is employers trying to sidestep the feds and their taxable liabilities, plain and simple. All the HR reps, accountants and greedy buggers in the world will not be able to baffle me with bull**** and 'help' me see it any other way.
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Old 01-27-2013, 03:41 PM
 
Location: South Carolina
1,169 posts, read 1,961,386 times
Reputation: 1211
Thanks for all the responses. I am upset that so many employers are going this route. From 1/87 through 1/97 I was an independent contractor through an "agency", and for an extremely large company. It was actually pretty "gray" on some of the rules, but since I got paid from the agency and not the big company, that was maybe how they got around it. But then again, I got quite a bit more money per day to do this. And yes, we were told right up front that we couldn't apply for any type of unemployment. Sucked when it came to the day when they didn't "renew" my contract because that division had been sold off to another company who didn't need us anymore once we trained their own people.

I really feel in my heart that this last lady doesn't understand the rules. She is a RE agent associated with a large company, but has her own "firm" per se. so I'm sure she gets paid a totally different way, but I just wanted her to understand that I couldn't afford to pay all the taxes necessary with only $10/hour. We live in an over 55+ community and maybe she thought that I was only looking for work to keep myself busy, but that is far from the case. My unemployment from my last full time job is running out next month, my COBRA has run out and I won't have any health insurance for 6 months until I can get federal PCIP, and I won't be 62 to collect SS for another 1.5 years. And to top it off, my hubby is getting his pay cut way back. So no, I actually DO need the money and not just to keep myself occupied. I only hope that it doesn't cut me out of the running. My other PT job is only giving me about 8 hours per week and that doesn't cut it. So I really need this.
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Old 01-27-2013, 04:01 PM
 
Location: 6st planet from Sun
328 posts, read 217,440 times
Reputation: 309
Quote:
Originally Posted by rothbear View Post
I currently work a VERY part time office job in a company with 5 people and at the time I started she had thought she was going to do a 1099 for me. But I explained that because of me having to pay extra FICA and Medicare taxes, I would have to have more than the $12/hour she was offering. So we agreed she would do a W-2 instead.

Now I am looking to add a second part time office job, $10/hour, and again this person asked about 1099 vs. W-2. Again, I told her the same thing. I realize that a 1099 is easier for them to do as they don't have to bother with sending in the taxes, etc., but I'm hoping that she doesn't disqualify me because of that. I would be her first and only employee, but is me expecting them to pick up the FICA and Medicare taxes on such a low wage job so bad? I'm not sure I liked the look on her face when I told her that I would prefer a W-2 and why.

Has anyone else run into this a lot lately?
This is a illegal conversation. The employee (worker) does not decide if she is a 1099 or a W2. The employer does not just do whatever they feel like depending on their mood. The DOL and IRS has specific guidelines regarding when a worker is a W2 or when she is a 1099. Misclassifying the worker is illegal and can be straightened out by notifying the DOL and IRS that you were misclassified.
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Old 01-27-2013, 08:10 PM
 
13,126 posts, read 23,424,760 times
Reputation: 7382
Quote:
Originally Posted by jaybb View Post
This is a illegal conversation. The employee (worker) does not decide if she is a 1099 or a W2. The employer does not just do whatever they feel like depending on their mood. The DOL and IRS has specific guidelines regarding when a worker is a W2 or when she is a 1099. Misclassifying the worker is illegal and can be straightened out by notifying the DOL and IRS that you were misclassified.
Are you making the case it is illegal to classify someone as W2 when they could be 1099?

The reason I asked is I once worked at a temp place and the owner said he only does W2 and some were very unhappy because they said it make their check less.
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Old 01-27-2013, 10:13 PM
 
Location: Spotsylvania, Virginia
1,163 posts, read 756,936 times
Reputation: 345
Don't worry, I get them back for you when I just walk out with no notice just because 1099 sucks and I needed the job for a few days.
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Old 01-30-2013, 01:43 PM
 
Location: South Carolina
1,169 posts, read 1,961,386 times
Reputation: 1211
Just a follow up............Oh well, it doesn't matter anyhow because I didn't get the job. Not sure why as I never have the guts (and self-esteem) to ask why.

I'm just really getting sick and tired of trying and trying and trying to get a job and being deemed not good enough for anything, even a part time office job. Real kick in the ego from what I used to be and used to do, and how well I did it. Being over 60 and out of a job sucks and manages to make someone feel extremely useless and worthless. Now we have to cut back even more than what we have already done.

Thanks to all but once my UE runs out I think I am just going to give up. I don't think I can take much more ego bruising.
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Old 01-30-2013, 03:32 PM
 
13,126 posts, read 23,424,760 times
Reputation: 7382
Quote:
Originally Posted by rothbear View Post
Just a follow up............Oh well, it doesn't matter anyhow because I didn't get the job. Not sure why as I never have the guts (and self-esteem) to ask why.

I'm just really getting sick and tired of trying and trying and trying to get a job and being deemed not good enough for anything, even a part time office job. Real kick in the ego from what I used to be and used to do, and how well I did it. Being over 60 and out of a job sucks and manages to make someone feel extremely useless and worthless. Now we have to cut back even more than what we have already done.

Thanks to all but once my UE runs out I think I am just going to give up. I don't think I can take much more ego bruising.
What about a volunteer position to help network?

I knew an older lady that became a widow suddenly... she needed to find a job and was not having any luck... she volunteered at the church business office and that led her to a job she is happy to have.

Another friend retired and moved from California to Fort Myers Florida... he was doing OK... but, was not happy.

Saw an add for a part time stock boy at the local market... talked to the manager and said he was very interested... manager didn't know what to make of it... my friend was 69.

Anyway... he persuaded the manager to give him a try... it was like a new lease of life... not only did my friend have something to look forward to... he also was needed... did a very good job and soon was well respected from everyone from the high school kids to the customers... he worked that job, never calling in sick till he passed 5 years later... he often would say he enjoyed it so much and that it had saved his life... he retired as a manager from a high pressure manufacturing job that gave him ulcers.

Just a thought.
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Old 01-30-2013, 05:50 PM
 
1,266 posts, read 857,563 times
Reputation: 1766
Quote:
Originally Posted by Wartrace View Post
You do not qualify as a 1099 employee. The IRS is very specific in regards to what a 1099 employee is and you do not fit the profile.

Following are the 20-points that have been established:

1. Must the individual take instructions from your management staff regarding when, where, and how work is to be done?
2. Does the individual receive training from your company?
3. Is the success or continuation of your business somewhat dependent on the type of service provided by the individual?
4. Must the individual personally perform the contracted services?
5. Have you hired, supervised, or paid individuals to assist the worker in completing the project stated in the contract?
6. Is there a continuing relationship between your company and the individual?
7. Must the individual work set hours?
8. Is the individual required to work full time at your company?
9. Is the work performed on company premises?
10. Is the individual required to follow a set sequence or routine in the performance of his work?
11. Must the individual give you reports regarding his/her work?
12. Is the individual paid by the hour, week, or month?
13. Do you reimburse the individual for business/travel expenses?
14. Do you supply the individual with needed tools or materials?
15. Have you made a significant investment in facilities used by the individual to perform services?
16. Is the individual free from suffering a loss or realizing a profit based on his work?
17. Does the individual only perform services for your company?
18. Does the individual limit the availability of his services to the general public?
19. Do you have the right to discharge the individual?
20. May the individual terminate his services at any time?
I didn't know that - thanks for teaching me something new!
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