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Classified as an Independent Contractor But Employing Company Pays for Hotels

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  • 05-13-2011, 10:22 PM
    karmajustice
    Classified as an Independent Contractor But Employing Company Pays for Hotels
    My question involves independent contractors in the state of: Ohio
    Company X sends me on remote job sites to train in different health care kitchens...I wear Company X's Logos and use Company X's software. This is NOT my company as I go where they tell me and they also dictate my daily rate. My paychecks are bi monthly and are for full amount plus 25 mileage if I use my own car. Company X does not withhold taxes or insurance or SS from my paychecks and the paychecks are from Company X NOT the client. If I can't use my own vehicle (sometimes sites are 450 miles away from where I live) I pay for my own transportation in which Company X does NOT comp me for NOR do I have an expense account for meals. In fact Company X says they are not able to incorporate rental car costs into the clients fee....so I am stuck paying for all transportation whether it be train bus or plane...
    Company X says I am an IC and 1099's me...
    When I go to these sites I represent Company X NOT myself....
    I am told where and when to go...and what I will be making.
    The client pays Company X directly
    Company X does however pay for my hotel if I can't stay for free at the site.

    Hmmm
    Am I being misclassified?
    And what do I do if I am...
  • 05-16-2011, 11:53 AM
    Mr. Knowitall
    Re: Classified as an Independent Contractor But Employing Company Pays for Hotels
    If I understand, you are hired by a company to do training sessions for them as an independent contractor. Per their contract with their clients, their clients are to either provide a place for their trainers to stay or are to reimburse the cost of lodging. The only thing that they are doing that you believe might make you an employee is reimbursing you for the cost of your hotel for those training sessions for which their client doesn't provide lodging, and then billing their client for that amount.

    If that's the only thing they're doing that could affect your otherwise admittedly proper classification as an independent contractor, I'm not seeing how it would make that classification improper.
  • 05-16-2011, 12:02 PM
    flyingron
    Re: Classified as an Independent Contractor But Employing Company Pays for Hotels
    You can always file an IRS form SS-8 if you think you are misclassified. But I see nothing in what you have said that would indicate you are not an IC.
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