Client Won't Provide a Copy of Our Contract for Services

[edawn]

My question involves independent contractors in the state of: Nevada (Las Vegas)

I am a Independent Contractor in Las Vegas and the company that gives me and many other people work will not give us our contracts we signed when we were hired. I have asked multiple times and they always say they just don't do that. They done send 1099's ever. They threaten write ups and suspensions which I thought was just for employees? Those are just my main complaints and question is is any of that legal and how can I move forward to correct this situation?
Thanks

[jk]

correct the failure of you to obtain a contract when you first signed it? Not much you can really do about that.


If you are an employee rather than an IC, you can file a wage complaint with the department of labor of your state.

They done send 1099's ever.

A mistype perhaps? Please translate.

[edawn]

Sorry they don't send 1099's ever....When I originally signed my contract they would not give a copy then and I was an employee and I had to get this county license, once i got this county license I had to sign a new contract to be an independent contractor. At the time of signing they would not give me a copy, they say Im always welcome to come read the contract. When i asked if I need a lawyer they got all strange and said I was welcome to email a request but it would take about 6 months to get and that is only if their attorney has time to get to it. I sent a request and have received nothing so Im not sure what my next step should be.

[jk]

they say Im always welcome to come read the contract.

then go and read the contract. Then, while holding it, ask anybody in the office if they will make you a copy of it for you.

Sorry they don't send 1099's ever

they are only required to send them at the beginning of a new year for the payments made in a prior year. How are you filing your taxes if they do not send you a 1099?

[edawn]

See thats the problem there is only 1 girl in the entire office and when I read it she stands over and watches me. Im just wondering if that is legal or not?
As for taxes I do them quarterly because I make cash on a daily basis. Every shift I work I have to drop an envelope with the company's percentage and I keep my cut so I take pictures of the envelope and thats how I have been keeping track of my income. This is Las Vegas and its a very crazy city to try to work in and dealing with businesses that may or may not be doing things by the book is tough. I am wondering if I need to retain an attorney for these issues.

[jk]

See thats the problem there is only 1 girl in the entire office and when I read it she stands over and watches me. Im just wondering if that is legal or not?

her watching you? Yes, it is legal. Ever thought of using a camera on your phone to take pictures of the contract (if the prior request to make a photo copy of the document is rejected)?

As for taxes I do them quarterly because I make cash on a daily basis.

that would be your estimated tax payments. I am speaking of your annual tax filing (IRS 1040, 1040A, 1040EZ or whatever form you use) as well as whatever Nevada requires. You would use a 1099 for that.


so, what do you do? In attempting to determine if they can even classify you as an IC, what you do is needed.

[edawn]

Her watching me is legal, yes I do know that. Her standing over me watching me prevents me from taking any pictures or making copies of any kind. Is it legal that they won't give me a copy?
Taxes I just use my envelopes, which are accurate but I do not get a 1099 from them that is why I have to use my pictures of the envelopes I use. My accountant just deals with it. I don't want to get into trouble with the IRS just because this company won't send 1099's to anyone. So it looks like I may need to retain legal counsel to get a straight answer about everything right?

[jk]

Is it legal that they won't give me a copy?

yes. that is their copy. They don't have to give you a copy and they don't have to allow you to copy it.

future reference: do not sign any contract without first being given a true copy of the document for you to keep.

So it looks like I may need to retain legal counsel to get a straight answer about everything right?

unless you are misclassified, there isn't really much you can do here. If you are misclassified, you can file a complaint with the department of labor of your state or the federal DOL. It is illegal to treat a person that is an statutory employee as an IC. You didn't say what you do so I cannot comment on whether you are an employee or an IC.

[edawn]

In a situation where you won't have a job if you don't sign the contract but they won't give it you its a tough choice. I am a Licensed Massage Therapist and I do chair massage in poker rooms.

[jk]

Depending on more facts, that type of job could be either an employee or an independent contractor. If you are an independent contractor, what prevents you from simply going it alone and you simply operate your business to remove your bosses involvement?

Here are a couple sights that will help you explore whether you are an IC or an employee. If you can be an IC, you can also be hired as an employee as well. If you are defined as an employee, they cannot treat you as an IC.

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

http://www.irs.gov/newsroom/article/...173423,00.html

http://www.comptroller.ilstu.edu/dow...ontractors.pdf



If you are legally an IC, then it is what it is. You can either follow the bosses directives or terminate your relationship.

They threaten write ups and suspensions which I thought was just for employees?

the terminology suggests they consider you an employee but in itself, it does not prove anything. You could agree (in the contract) to just about anything including their means of punishing contractors for improper acts. In itself it wouldn't make you an employee.