CABL Forum - Re: Dept. of Labor & IRS to investigate...

I agree after reading alot of case law on this matter, but most recently Lawyers and those demanding Employee rights have gotten more smarter.

For instance...

You rely on your attorney to prove your treated by the factors of control, behavial etc that your any employee not an IC.

Now most if not all do alot more and are under alot of control not only by the Prime but alsothe MSO, with the VOIP prooducts and more competition from Fios and Sat the MSOs are demanding more work less pay and more chargebacks to the Primes, we all know shit rolls down hill you guys.

Two cases that im following of course my own are one in Orlando, the judge sided that the INSTALLER was by law an employee, the Firm then requested a Class Action status but it was denied because paper work was not filled with the motion. <Mistake> It has not be over turned but the key evidence was clear.

Also another where SPlicers doing strom work in LA worked originaly lost but won on an Appeal and sided that the Splicers were employees of the Prime..

These two cases are good to follow.

Keys to proving your a Employee or IC all depend on evidence, for instance the day my prime was served they Bull Dosed the training shack an hour after being served the lawsuit. Now this says to me they are burning, threating everything that can make them look gulty.. This is a problem but I know its CYA after the fact.

All the others didnt have an evidence to support the facts. This is why they failed. I started in 2002 and my GF and family said your an employee.

Ive scene guys get killed because this work, Derick Temple for instance, He was flung from a midspam because of the being over worked forgot his safety, Oh did I just say safety..Shit the Prime didnt care about that, no safety harness no hard hats, etc... it took a good mans death laying in an alley to get the Prime to say OH Guys you gotta have a harness and OH we cant show you how to use it, but you gotta by it from us. And sign this paper too.

Bottom line alot of people are pissed, run your shop so your contractors can advertise and seek work from other simlar providers and dont threaten them ether. Thats a safe way not ending up on a list from the IRS or Federal Gov.

But lets say you do that.. Techs can pick n choose the work, make there own schedule etc..

So 600 techs dont want to do the 6-8's or bury drops or work Sundays or for that matter Sat's so they can have a life. What woulkd the prime tell the MSO sorry cant do the work today. I think not. Thats the issue.

INSTALLATION

CONSTRUCTION / TECH

OFFICE / OTHER

Re: Dept. of Labor & IRS to investigate...