Things you need to check to develop a plan off action.
1. Is that company licensed to do the work in the area.
a. Low voltage required or some other specialty license.
If you and the company are required to be licensed then ask if you can work under another companies license. I bet the answer is no. This is illegal and your open to get a fine for unlicensed contracting.
If the contractor does need one.
Call back and kick off an investigation and testify that you have been working unlicensed for that contractor. They need proof like paycheck stubs from anyone showing no taxes taken out. Get a few people and this normally changes the way they operate or makes them go out of business.
2. Talk to and FSLA Act attorney who has experience in these types of wage and overtime cases. Most all do the laws are simply laid out and some states are cracking down more than others.
a. All Expenises and Charge backs that you have gotten are damages once its decided by Federal Court your an Employee if you meet certain things, like were you treated like an employee. In Cable its a no brainer, cause we all know we treated like employes.
3. After you have a Att (filed the case) went to the Lic Board. Go to all the local media outlets and send them the information.
a. This takes time, sure they will be interested but they are slow. Its been a few months and there still asking questions.
3. Fill out the IRS SS-8 Form. This form gets the IRS on the contractors ass. If you have an information that backs up your working day, statements, paycheck stubs etc. They audit your case and if its found your an employee they audit the entire company. Its really simple how much control do they have over your work day?
a. Do this with some restraint. If your suing them hold off till your case is done. As this could bankrupt a company. The IRS will fine each voilation and make them pay past Federal, SSN taxes and this could be millions depending on the size of the contractor. Be careful with this plan.
All these actions do come with some risk, the risk of being banned from working, the risk of anger techs sending hate mail to your home, leaving notes on your car.
Install a DVR camera system.
As for the labor board, they wont help because they will get a copy of the contract and get say you were a subcontractor.
Workmans Comp to, this is why you need a big gun att to go to bat and show that you were an employee not a subcontractor by a simple test the IRS uses. If it shows in fact your an employee then any contract is null and void. Thus your intitled to overtime, expenses and possible double to triple that depending on the state.
Hope this lays out the roadmap to bring down a shady contractor. Ive done them all and its still playing out.
:)
Re: Turn all Companies into the labor Board who tr
Member #: 69492
Registered: 6/23/2009
Posted:
90
Name:
Michael Scantland
Name:
Michael Scantland
Occupation:
Staying above water
Location:
Florida
Personal:
late 40s
Experience:
~22 years
There is 1 reply to this message
