My question involves independent contractors in the state of: KY
I work for a company that does automation of ____________.
The company consists of four people.
1. Boss (sales/20% service)
4. Me (100% installs/80% service)
I have be working for this company for about 13 yrs.When I was first hired on I signed a sub-contractor agreement and only worked on installs for a said price using my truck with his tools and he paid my liability insurance.After about a year he was racking in the money so he bought me a company van with all new tools.He gave me a gas card and change my pay over to $650 salary per week with a $100 commission for each install.At this time we had real sub-contractors that made and welded the ________ we automate.After screwing over about six of these contractors they wouldn't work for him no more.So he said if you learned how to weld he would buy a welder for the van and give me extra $25 for every hour I was welding on a job,so I did.We had another sub-contractor that stitched our cable in the ground for us that he screwed over and quit working for us.So he bought a trencher and made me do it with no extra pay.He said it is part of your job now.When my welding skills started getting better he made me start making said _______ that we automate at the $25 welding rate.
So for the last 8yrs I completely do 100% of the work the company does with no help and my body is starting to break down.Most installs consists of digging 4'x4'x3' ft deep holes for the install(sometimes two of these holes) and the last 2yrs he has denied me rental of a digging machine so I have to dig them by hand.He says he has to keep cost down to compete with new companies that are popping up in our area.The company hes been going down hill for the last 5yrs.We went from doing 80 installs a year at the peak down to 20 installs last year and this year so far is 8.He hardly works any more he spends most of his time at his 80'x30' personal shop working on his hot rods.It has made it to the point I have no pay check on Friday and will have to wait till a install is completed before I get paid.I am looking for a new job before this company dies off.
I am in debt now to the IRS and State taxes.I was able to keep taxes a little bit under control when I was making commission on all the gate per year but with the install decline I live pay check to pay check.At $650 a week at my tax rate makes me about $465 a week.Does that sound like good money for the work I do for this company with no benefits?I wire operators,control panels,access control,cameras,electrical panels,weld,fabricate,concrete,dig and do most of the service.I am the only in field worker this company has.
I drive company van with gas card.
My first van had company name on it,my newest van he won't put company name on it.
He pays for my uniforms with no company name.
All tools and machines are owned by company.
He bought and pays for my phone.
I meet every morning at office for work assignment.( I never know what I am doing day to day)
I work from 8-5 M-F
I can't work on the side for any other company.
I have no deduction for taxes.
I receive a 1099-misc under my name.
I talked to another company for a job and they told me what my boss is doing is illegal and I should contact the IRS or get a lawyer before I quit.
What should be my next steps?
Should I get a lawyer?But what would I sue for?
How do I prove that I am a employee?
Thanks for any advice you can give me