Results 1 to 6 of 6
  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Default I Am Being Treated As an Employee, What Should I Do

    My question involves independent contractors in the state of: California
    I am an Aesthetician at a day spa and pay rent for a room. The equipment is provided for me although I buy my own products. They want me to clean the bathrooms, do reception work (with no pay) and when they book me new clients, they dictate the price that will be charged. I have my own credit card machine, however they want the client to pay them and then charge me 5% for credit card fees. They also require a uniform.

    All this screams employee to me. I have gone on all the govenment sites and done the research, but it is still unclear. I am the only one that wants to rock the boat it seems. I want to stay there because it will cause me financial harm to move.

    What should I do? I want to make them realize they can't require these things of me as an independent contractor. We are meeting soon to negotiate my contract.

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Lightbulb Re: I Am Being Treated As an Employee, What Should I Do

    xxxxxxxxxxx

  3. #3
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: I Am Being Treated As an Employee, What Should I Do

    For a definitive determination you should file form SS-8 with the Internal Revenue Service. Both you and the company will have the opportunity to describe the circumstances under which your work is performed. Then the IRS will determine whether you are self-employed or their employee.

    With regard to what they can and cannot require of an independent contractor, they can require what ever the two of you agree to contract for. For example, a barber who rents a chair in a barber shop as an independent contractor might be required to take a turn sweeping the floors of the whole place as a condition of his contract.

    Just curious, do you yourself ever use those bathrooms you are asked to clean? Are you willing to contribute to hiring a cleaning service rather than take a turn? Are you willing to contribute to paying a receptionist so you don't have to take a turn at the phones? If you and the others who work there don't do those things, that is what would have to happen. Or, they may just decide you're not worth all the trouble if everyone else agrees to share those duties and you're the only "problem". In other words, don't assume you have all the power in the relationship.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: I Am Being Treated As an Employee, What Should I Do

    since it would seem your priority is to:

    I want to stay there because it will cause me financial harm to move.
    you have really no options.

    Now, don't get me wrong. I believe you should expect to be treated as an IC if you truly are an IC but if you do, I suspect you will not longer be contracted to this office whether you are found to be an employee or an IC. It may take them a little to discharge you, if you are an employee, and not raise the attention of the state but they can eventually do it.

    If you are an IC, they have no obligation to continue the relationship any longer than exactly what your contract requires.

    so, to:

    I Am Being Treated As an Employee, What Should I Do
    if you want the question answered and corrected, file the ss8 form. If you do not want to jeopardize the employment, discuss it with your employer and learn to live with whatever results from that meeting.

  5. #5
    Join Date
    Jul 2009
    Posts
    2

    Default Re: I Am Being Treated As an Employee, What Should I Do

    I use the employee bathroom on occasion, but not the other bathroom. I pay a significant amount of rent and the other people employed there are on commission. Usually your rent covers a receptionist and cleaning. They want me to book out extra time on my books so I can answer phones, which was never discussed before and isn't in my contract. That boils down to a loss of revenue for me.

    What about the payment method I mentioned and the 5% they want to charge me? They knew I had my own credit card machine when the contracted me and now they want to run the clients I service through their machine, pay me at the end of the month and charge me 5%. That's a lot.
    Also, where I have rented before, they have never excercised control over my pricing and have never required a uniform.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: I Am Being Treated As an Employee, What Should I Do

    this does not sound at all like an employee situation but some of the charges and such could still be proper. All of those would be dealt with within your contract/agreement.

    They knew I had my own credit card machine when the contracted me and now they want to run the clients I service through their machine, pay me at the end of the month and charge me 5%.
    real simple; what does your contract say to this or what was agreed upon at the initiation of the contract?

    If there is no agreement, you can do it however you want to do it and owe them nothing. This does not prevent them from terminating your services.

    Usually your rent covers a receptionist and cleaning.
    if that is what is agreed upon, it does but not unless it is agreed upon does it make it so.

    Bottom line;

    it sounds as if you never really came to terms concerning your contract. It sounds like it is time to do so.

    I want to make them realize they can't require these things of me as an independent contractor.
    actually, they can. UPS drivers are often IC's yet they are required to wear the brown. Snap-On tool salesmen are IC's yet their max retail pricing is mandated by Snap-On. As to any other item mentioned, each of them have been seen in other IC agreements. It all comes down to what you agree/d to. It sounds as you really do not have a contract and as such, either party can claim anything they want. A court will decide who is correct if the parties cannot settle it themselves.

    1. Sponsored Links
       

Similar Threads

  1. Compensation and Overtime: "Exempt" Employee Being Treated As Hourly Employee
    By cybrwzrd in forum Employment and Labor
    Replies: 4
    Last Post: 11-05-2009, 01:37 PM
  2. Have I Been Unfairly Treated or Discriminated Against
    By Forever in forum Employment and Labor
    Replies: 7
    Last Post: 02-03-2009, 04:08 AM
  3. Unemployment Benefits: 1099 Treated As Employee Eligible for Unemployment
    By inthecity in forum Employment and Labor
    Replies: 2
    Last Post: 01-31-2009, 01:21 PM
  4. Probation and Parole: Is HYTA Treated as a Conviction
    By stevanscg in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 08-27-2008, 08:06 AM
  5. Replies: 14
    Last Post: 01-05-2007, 11:32 AM
 
 
Sponsored Links

Legal Help, Information and Resources