Chicago area attorney

osumike33

Seasoned Expediter
Know this subject has been gone over and over - the independent contractor issue between truck owner and truck driver. Each attorney I've spoken to says 'he would be an employee if he's driving your truck' - so, asking if anyone out there has a Chicago (or area) attorney they work with that knows how to get around this. I know the arguments for and against...just need to find someone willing and able to put it the way I want it in legaleze. Thanks....
 

chefdennis

Veteran Expediter
you are making too big a deal out of it...just pay the sub contractor on a 1099 at the end of the yr and be done with it...

Now if you insist on remaking the wheel, with the known creditibillty of most Chicago attorneys, you shouldn't have much of a problem finding one that will write anything you want them to...legal or not...
 
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davekc

Senior Moderator
Staff member
Fleet Owner
OOIDA use to have a list of transportation attorneys. Might give that a shot.
 

osumike33

Seasoned Expediter
Blago lives around the corner from me...he has spare time now and maybe could use a few bucks...that's a thought, but I need to hurry before he goes away. I'm not trying to remake the wheel but just trying to get the same/similar arrangement that everyone else seems to have. But I didn't think of 'sub-contractor' nor did any of the attorneys mention it either, so maybe it will be that simple, thanks.

you are making too big a deal out of it...just pay the sub contractor on a 1099 at the end of the yr and be done with it...

Now if you insist on remaking the wheel, with the known creditibillty of most Chicago attorneys, you shouldn't have much of a problem finding one that will write anything you want them to...legal or not...
 

JohnMueller

Moderator
Staff member
Motor Carrier Executive
Safety & Compliance
Carrier Management
Suggestion: That attorney is stating you are providing the "tool" for that person to do his/her job. This is one of the IRS and Worker's comps criteria in determining whether a person is an "employee" or a "contractor". I suggest doing a "Lease" on the vehicle whereby that person is leasing the vehicle from you. Ask the attorney if that would be acceptable.

Thanks,

HotFr8recruiter
 

zorry

Veteran Expediter
Hey,Why not make them an employee. Pay thier s/s and taxes. They may stay for a few years,be alittle more dedicated, and your business may flourish. You'd get a smaller piece of the pie. You may not even get to vacation more than once per year. What a price to pay for a stable/successful business !
 

greg334

Veteran Expediter
You know unless you have a million dollar operation with a few or ten drivers, just 1099 the guy with a contract and let it alone.

They won't care about one or two but when you get four or five, it is a different matter.

You may get audited but the chances of you getting nailed for the 1099 sub-contractor is slim. They won't care about the truck but will care on how you manage the driver.
 
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