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  1. #31
    Join Date
    Oct 2006
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    15,604

    Default Re: Can I Share My Pizza Delivery Guy

    Quote Quoting budwad
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    If I were to rectified my classification, my salary (or contract payments) would be cut by at least 2/3 and perhaps have my contract terminated. Or I would have to quit for lack of income from this job. I went back to work because the deal was too good to pass up.

    I went back to work after my retirement from 45 years of self-employment. I'm no stranger to paying both sides of SS or paying estimated quarterly income tax or providing my own insurances and funding my retirement accounts.

    What this company offered me and what they pay me is far in excess of what the employees that do the same job (including all the benefits) are paid. It covers all the taxes I have to pay and then some. Why on earth would I want to rectify this by insisting that they make me an employee for the sake of what exactly; that they comply with the law?

    The chances of any agency (state or federal) knowing of the misclassification are about the same odds as me winning the lottery. That is the situation for millions of business. That is a reality for those that are misclassified but are paid high contract rates as an IC.

    I have no legal exposure in this arraignment. The feds and the state get what is owed to them based on my income as a self-employed person. The company is the one with legal exposure. But that works in my favor when and if the time comes to use the leverage.

    Whether it is right or wrong, it works for me and I am not altruistic enough to want ever law to be followed to the letter.
    That may work well for you, but for the vast majority of misclassified employees it does not result in a financial benefit. It results in a financial loss. Because most employers do not pay enough to the misclassified employees to cover all taxes and benefits that they would receive as W2 employees. Otherwise, there is no benefit to the employer to misclassify employees.

    I do not know why your employer misclassifies you since there is no apparent financial benefit to your employer to do so.

  2. #32
    Join Date
    Nov 2013
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    6,411

    Default Re: Can I Share My Pizza Delivery Guy

    Quote Quoting llworking
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    I do not know why your employer misclassifies you since there is no apparent financial benefit to your employer to do so.
    Because I didn't want to be classified as an employee. But the services I provide and the conditions I provide them in, do make me an employee. I didn't want to be governed as to my hours or days off. While I don't get paid if I don't work, I make my own hours and can take all the days off I want.

    Quote Quoting llworking
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    That may work well for you, but for the vast majority of misclassified employees it does not result in a financial benefit. It results in a financial loss. Because most employers do not pay enough to the misclassified employees to cover all taxes and benefits that they would receive as W2 employees. Otherwise, there is no benefit to the employer to misclassify employees.
    I agree.

  3. #33
    Join Date
    Oct 2006
    Posts
    15,604

    Default Re: Can I Share My Pizza Delivery Guy

    Quote Quoting budwad
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    Because I didn't want to be classified as an employee. But the services I provide and the conditions I provide them in, do make me an employee. I didn't want to be governed as to my hours or days off. While I don't get paid if I don't work, I make my own hours and can take all the days off I want.

    Your employer could have given you those conditions while still paying you as an employee.

  4. #34
    Join Date
    Oct 2016
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    3,221

    Default Re: Can I Share My Pizza Delivery Guy

    Quote Quoting llworking
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    Your employer could have given you those conditions while still paying you as an employee.
    And broken no law in doing so. And both budwad and his employer are breaking the law. SS & Medicare taxes as well as unemployment are paid on employees not matter the employees age.

  5. #35
    Join Date
    Nov 2013
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    6,411

    Default Re: Can I Share My Pizza Delivery Guy

    Quote Quoting llworking
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    Your employer could have given you those conditions while still paying you as an employee.
    No they couldn't. The company is huge. Only one high level employee is under contract. There are 3 ICs that work under contract. All other are non-contract employees. The rules of employment are the same for all. Although the benefits are determined by the length of employment.

    Quote Quoting PayrolGuy
    View Post
    And broken no law in doing so. And both budwad and his employer are breaking the law. SS & Medicare taxes as well as unemployment are paid on employees not matter the employees age.
    You don't know what you are talking about. I pay the taxes both SS and medicare. And if I were to try to file for unemployment, I would be denied.

    What does age have to do with it?

  6. #36
    Join Date
    Oct 2016
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    3,221

    Default Re: Can I Share My Pizza Delivery Guy

    Quote Quoting budwad
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    No they couldn't. The company is huge. Only one high level employee is under contract. There are 3 ICs that work under contract. All other are non-contract employees. The rules of employment are the same for all. Although the benefits are determined by the length of employment.
    You seem to have a problem with the concepts of "can't" and "choose not to."


    You don't know what you are talking about. I pay the taxes both SS and medicare. And if I were to try to file for unemployment, I would be denied.

    What does age have to do with it?
    Ignore the age thing I misread something you had posted earlier. But that doesn't change the fact that UI is a tax not a savings account. The system works because most people never get a dime out of it. Law requires that it be paid on the wages of employees. Your employer is breaking that law by having you mis-classified. I've had 3 or 4 clients become clients because they got in a mess for not paying on misclassified employees who then applied for UI. It triggered an investigation by the state UI agency.

  7. #37
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    Nov 2013
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    6,411

    Default Re: Can I Share My Pizza Delivery Guy

    So good for you and your clients. I am not breaking the law. The company may be breaking the law but I am not responsible for what the company does. I am responsible for what I do.

    What you don't seem to understand is that I know and understand the law and I choose to be an IC even though I know that under the tests I am an employee. Nobody offered me a job at an employee wage and then told me I was classified as an IC. For those that get caught up in that kind of situation where they are denied benefits because of misclassification, the employer should get his ass kicked.

    What is your profession anyway?

  8. #38
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,072

    Default Re: Can I Share My Pizza Delivery Guy

    So you choose to have the employer break the law in order to benefit you. Okay, that's between you and your employer. What you do is irrelevant to this question anyway.

    You're still giving out incorrect information to the poster of this thread.

  9. #39
    Join Date
    Oct 2016
    Posts
    3,221

    Default Re: Can I Share My Pizza Delivery Guy

    Quote Quoting budwad
    View Post
    So good for you and your clients. I am not breaking the law. The company may be breaking the law but I am not responsible for what the company does. I am responsible for what I do.

    What you don't seem to understand is that I know and understand the law and I choose to be an IC even though I know that under the tests I am an employee. Nobody offered me a job at an employee wage and then told me I was classified as an IC. For those that get caught up in that kind of situation where they are denied benefits because of misclassification, the employer should get his ass kicked.

    What is your profession anyway?
    I didn't say you were breaking the law I said your employer was.

    I PM'd you my profession. But here I'll say HR professional.

    What's yours?

  10. #40
    Join Date
    Nov 2013
    Posts
    6,411

    Default Re: Can I Share My Pizza Delivery Guy

    Quote Quoting cbg
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    So you choose to have the employer break the law in order to benefit you. Okay, that's between you and your employer. What you do is irrelevant to this question anyway.

    You're still giving out incorrect information to the poster of this thread.
    What incorrect information have I posted specifically? That there are pizzerias in my area that treat the delivery people as ICs?

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