If you are a true contractor in a true contracting position, then yes. To find out if a job is a true contractor position, consider this IRS document: http://www.irs.gov/pub/irs-pdf/fss8.pdf These are basically all the questions the IRS is going to use to determine if a person is an employee or contractor. If the company controls too much of your work, then you are basically an employee without any benefits or other security such as unemployment insurance, workers comp, etc.
To be a contractor, you need to be able to set your schedule for the most part. I don't see any problem with them asking you to provide a schedule for several days or weeks in advance. However, if they tell you that you have to be there at 7am every day, then that's not really contracting.
If they tell you what kind of tools you can use, that isn't really contracting. A company can't tell a contractor how to do their job or which tools to use, they can only dictate what is a satisfactory end result.
If they backcharge you for QC fails or rollbacks without giving you the opportunity to fix it first, you should not work with them as either an employee or subcontractor. As a subcontractor, if they aren't satisfied with the end product, they need to give you the opportunity to correct it. The only exception I see to that would be gross inability to do the job right. I don't know how to splice fiber but if I somehow got a fiber contract and screwed it all up, I don't expect they would let me go back to fix it. I expect I would be told to take a hike.
If they add work to your route without your permission, that's employee and not contractor. As a contractor, if they have additional work that day, they should offer it to you and upon your acceptance, put it on your route. If they can't find anyone to accept it, they should offer more money. I want to go home at a decent time. I don't accept add-on work after 4pm. Everyone I've worked with knows not to call me and even ask.
If you can't work for multiple companies, then you are not a contractor. You should be able to let them know that you are unavailable because you're busy with something else. You should have no fear of reprisal if you say that you are going to be involved with a project for another company. If my main bread & butter is DirecTV, the companies I contract for should not get butthurt if I do a few retail installs for DISH retailers, etc.
If they tell you that you have to go out of town and you have already defined your service territory, then they are treating you as an employee. I'm not going to Flagstaff for any fulfillment work, no one wants to make it worth my while. Now, I have gone there for jobs that the customer was paying directly because the customer paid the quoted mileage charges, etc.
If they tell you that you have to have a Birdog meter or a Super Buddy satellite meter but you are perfectly capable of achieving their required end product with your preferred meter, then you are an employee. I use a First Strike meter, it's very programmable. No one gives me guff about it and my dithered dishes get some real high numbers. I get better levels with my $250 meter than guys with $800 meters do.
*****
Long story short, it all boils down to control. Don't let others control you. "Due by" deadlines and acceptable end result standards, that's it.
Re: Is it wise to subcontract ?
Member #: 40846
Registered: 9/19/2005
Posted:
1493
Name:
Duane Vick
Name:
Duane Vick
Company:
Self-Employed
Occupation:
Installer
Location:
Phoenix AZ
There is 1 reply to this message
