Page 1 of 2 1 2 LastLast
Results 1 to 10 of 15
  1. #1
    Join Date
    Feb 2018
    Posts
    2

    Post Can an Employer Charge an Independent Contractor for Use of Equipment

    My question involves independent contractors in the state of:

    Hi, I am new here. I am working with a Company as a Sub Contractor - 1099 - and I have been using my cell phone to use the programs I need to do my Job. Now, there is a new platform to take place in a few day, which requires the use of Tablets. The Company has bought new Tablets and now they want to charge me for the Service (carrier) and use of the Tablet (deducted from my Paycheck), and they want me to sign a form making me responsible for that equipment and if there is any Lost or damage of that Tablet, I will have to agree to get deducted also from my paycheck the cost of repair and/or the replacement of that equipment.

    Is this Legal?

    I would also like to notate that, during the time I have been working for them using my Cell Phone, in a couple of times I had dropped it performing the work and has cracked the Screen, and I have never asked them to get my Cell Phone fixed. Can I do that? I mean, Can I have them pay for the repair of my Cell Phone since was damaged performing my job with them.

    Thanks

  2. #2
    Join Date
    Oct 2016
    Posts
    2,857

    Default Re: Charge for Use of Equipment

    First let's assume you are a legitimate 1099 employee. We also need what state you are in.

    The short answer is yes they can require you have a tablet and can make you responsible for the cost of it and the cost should you damage it.

    You dropped your phone. Why should they be responsible?

  3. #3
    Join Date
    Sep 2010
    Posts
    18,998

    Default Re: Charge for Use of Equipment

    Tablets are small change compared to some things IC's have to buy. I know a guy who drives for one of the Fedex business. He owns the truck (well, it is financed) but it is very much to FE's specifications as to what it is.

  4. #4
    Join Date
    Feb 2018
    Posts
    2

    Default Re: Can an Employer Charge an Independent Contractor for Use of Equipment

    Quote Quoting CRONDON
    View Post
    My question involves independent contractors in the state of:

    Hi, I am new here. I am working with a Company as a Sub Contractor - 1099 - and I have been using my cell phone to use the programs I need to do my Job. Now, there is a new platform to take place in a few day, which requires the use of Tablets. The Company has bought new Tablets and now they want to charge me for the Service (carrier) and use of the Tablet (deducted from my Paycheck), and they want me to sign a form making me responsible for that equipment and if there is any Lost or damage of that Tablet, I will have to agree to get deducted also from my paycheck the cost of repair and/or the replacement of that equipment.

    Is this Legal?

    I would also like to notate that, during the time I have been working for them using my Cell Phone, in a couple of times I had dropped it performing the work and has cracked the Screen, and I have never asked them to get my Cell Phone fixed. Can I do that? I mean, Can I have them pay for the repair of my Cell Phone since was damaged performing my job with them.

    Thanks
    State of: Florida

    State of Florida.

    Well, I dropped it (not intentionally) performing a job for the Company. My point is, if I am using my phone to do a job for this company, and I drop it not intentionally and gets damage, I have to pay for the repair or replace it for another one, if I have an insurance. But now, since they decided to change the Platform, they get Tablets to do my job, I think they should pay for the service of that tablet and at least have an insurance in case of an unintentional damage of the Tablet, instead of coming out of my pocket. I did not change the platform, they did.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,110

    Default Re: Can an Employer Charge an Independent Contractor for Use of Equipment

    As an independent contractor, you are generally expected to have your own equipment and to insure it and anything you use that belongs to the client. It would be perfectly legal for them to require you to purchase that specific version of the Tablet, pay for the service and have insurance.

    That's part of being an IC -- you take the risk rather than the employer taking the risk of your business. Hopefully you are making enough to make that risk worth it.

    What does your written contract state about equipment used to perform your tasks?

  6. #6
    Join Date
    Oct 2016
    Posts
    2,857

    Default Re: Can an Employer Charge an Independent Contractor for Use of Equipment

    Quote Quoting CRONDON
    View Post
    State of: Florida

    State of Florida.

    Well, I dropped it (not intentionally) performing a job for the Company. My point is, if I am using my phone to do a job for this company, and I drop it not intentionally and gets damage, I have to pay for the repair or replace it for another one, if I have an insurance. But now, since they decided to change the Platform, they get Tablets to do my job, I think they should pay for the service of that tablet and at least have an insurance in case of an unintentional damage of the Tablet, instead of coming out of my pocket. I did not change the platform, they did.
    You are lucky they aren't requiring you to provide the tablet to do your job. They would be well within their rights to do so.

    If a plumber was working at your house and broke one of his tools would you pay for the tool?

  7. #7
    Join Date
    Mar 2013
    Posts
    16,862

    Default Re: Can an Employer Charge an Independent Contractor for Use of Equipment

    Quote Quoting CRONDON
    View Post

    State of Florida.

    Well, I dropped it (not intentionally) performing a job for the Company. My point is, if I am using my phone to do a job for this company, and I drop it not intentionally and gets damage, I have to pay for the repair or replace it for another one, if I have an insurance. But now, since they decided to change the Platform, they get Tablets to do my job, I think they should pay for the service of that tablet and at least have an insurance in case of an unintentional damage of the Tablet, instead of coming out of my pocket. I did not change the platform, they did.
    What you have to understand is that the guy who signs your check makes the rules, not you.

    His rules:

    1 - You pay for the tablet.

    2 - He doesn't pay for your phone.

    If you don't like the terms of your arrangement, you go elsewhere.

    Warning: Your use of the word "paycheck" makes your independent contractor arrangement smell like an illegal misclassification when you may actually be an employee.

    If you want further discussion about that, kindly tell us what you do for this company, under what conditions you do it, and how you get paid.

  8. #8
    Join Date
    Nov 2013
    Posts
    6,212

    Default Re: Can an Employer Charge an Independent Contractor for Use of Equipment

    By virtue or the fact that they control what you do or how you will do it makes you an employee under Florida labor law. There is no middle ground here. You are an employee.

    If you were an independent contractor, you would be able to fulfill your contract without any influence by the employer. What you want to do about it is another topic.

    If a misclassified person is an independent contractor, they are free from any conditions or control by the company that hired them. If they require you to anything that is not necessary for you to do your job (for fill your contract) you don't have to comply.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can an Employer Charge an Independent Contractor for Use of Equipment

    Quote Quoting budwad
    View Post
    By virtue or the fact that they control what you do or how you will do it makes you an employee under Florida labor law. There is no middle ground here. You are an employee.
    There is no reason why an independent contractor cannot be required to use the client's software when logging work performed for the client.

    It is not entirely clear here if the independent contractor must obtain the tablet through the client, or if they also have the option of using their own tablet and wireless service. But even if they are required to effectively rent or lease the client's tablet, although that would be a factor in an evaluation of their classification, that's not enough to declare that they're an employee.

  10. #10
    Join Date
    Feb 2008
    Posts
    1,110

    Default Re: Can an Employer Charge an Independent Contractor for Use of Equipment

    Quote Quoting Mr. Knowitall
    View Post
    There is no reason why an independent contractor cannot be required to use the client's software when logging work performed for the client.

    It is not entirely clear here if the independent contractor must obtain the tablet through the client, or if they also have the option of using their own tablet and wireless service. But even if they are required to effectively rent or lease the client's tablet, although that would be a factor in an evaluation of their classification, that's not enough to declare that they're an employee.

    agreed....

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Classification of Workers: Misclassified by Employer As a 1099 Independent Contractor
    By jharden724 in forum Independent Contractors
    Replies: 1
    Last Post: 02-17-2018, 01:38 PM
  2. Classification of Workers: Working as an Independent Contractor for a Foreign Employer
    By newbie101 in forum Independent Contractors
    Replies: 13
    Last Post: 01-14-2017, 03:44 PM
  3. Payment Disputes: What Can an Independent Contractor Do if Their Employer Withholds Their Last Paycheck
    By lawfacts in forum Independent Contractors
    Replies: 1
    Last Post: 11-20-2016, 03:59 PM
  4. Classification of Workers: Can an Employer Dictate the Schedule of an Independent Contractor
    By marystory in forum Independent Contractors
    Replies: 26
    Last Post: 06-05-2015, 01:55 PM
  5. Payment Disputes: Can an Employer Take a Percentage of an Independent Contractor's Tips
    By kcarranza in forum Independent Contractors
    Replies: 5
    Last Post: 09-26-2014, 11:46 AM
 
 
Sponsored Links

Legal Help, Information and Resources