I was doing an interesting search. If you go to ASK JEEVES and investigate, independant contractors do not go to orientation, they do not have a set job schedule etc. I was amazed to see that when I typed in indepedent contractor, by definition we are not! Why then are we treated as such, when legally as I see it, we do NOT fit the 20 rules of being a indepedent contractor. I would just like to hear other peoples comments on this issue!
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GO TO ASK JEEVES! DRIVERS ARE NOT INDEPENDANT CON
- Thread starter poodlenme
- Start date
RE: GO TO ASK JEEVES! DRIVERS ARE NOT INDEPENDANT
I think you are reading the wrong thing. Here is a copy of the same thing you said.
independent contractor
A person or business which provides goods or services to another entity under terms specified in a contract. Unlike an employee, an independent contractor does not work regularly for a company.
See Also
subcontractor, performance bond, self-employed
What is it you don't understand? Here is the site so you can check it out yourself.
http://web.ask.com/redir?bpg=http:/...ww.investorwords.com/cgi-bin/getword.cgi?2425
I think you are reading the wrong thing. Here is a copy of the same thing you said.
independent contractor
A person or business which provides goods or services to another entity under terms specified in a contract. Unlike an employee, an independent contractor does not work regularly for a company.
See Also
subcontractor, performance bond, self-employed
What is it you don't understand? Here is the site so you can check it out yourself.
http://web.ask.com/redir?bpg=http:/...ww.investorwords.com/cgi-bin/getword.cgi?2425
RE: GO TO ASK JEEVES! DRIVERS ARE NOT INDEPENDANT
No drivers dont pass the test for independant contractors via the irs..but alot of people do it and as of yet there hasnt been any big crack downs that i have heard of . this is drivers running a truck for a owner.. Owner operaters are independants.. of course if a company forces dispatch then you could be concidered an employee..
No drivers dont pass the test for independant contractors via the irs..but alot of people do it and as of yet there hasnt been any big crack downs that i have heard of . this is drivers running a truck for a owner.. Owner operaters are independants.. of course if a company forces dispatch then you could be concidered an employee..
RE: GO TO ASK JEEVES! DRIVERS ARE NOT INDEPENDANT
HI TONY, POODLENME, AND DKALASE
THE REAL EXPLANATION I AM COPYING AND PASTING FROM THE IRS WEB SITE
Topic 762 - Independent Contractor vs. Employee
To determine whether a worker is an independent contractor or an employee, you must examine the relationship between the worker and the business. All evidence of control and independence in this relationship should be considered. The facts that provide this evidence fall into three categories – Behavioral Control, Financial Control, and the Type of Relationship itself.
Behavioral Control covers facts that show whether the business has a right to direct and control how the work is done, through instructions, training, or other means.
Financial Control covers facts that show whether the employer or business has a right to control the business aspects of the worker's job. This includes:
The extent to which the worker has unreimbursed business expenses,
The extent of the worker's investment in the business,
The extent to which the worker makes services available to the relevant market,
How the business pays the worker, and
The extent to which the worker can realize a profit or incur a loss. Facts covered by Type of Relationship include:
Written contracts describing the relationship the parties intended to create,
The extent to which the worker is available to perform services for other, similar businesses,
Whether the business provides the worker with employee–type benefits, such as insurance, a pension plan, vacation pay, or sick pay, and
The permanency of the relationship.
For more information, refer to Publication 15A (PDF),[http://www.irs.gov/pub/irs-pdf/p15a.pdf] PAGE 5, Employer's Supplemental Tax Guide. If you want the IRS to determine whether a specific individual is an independent contractor or an employee, file Form SS-8 (PDF).[http://www.irs.gov/pub/irs-pdf/fss8.pdf]2 PAGES
THIS IS MORE OF THE EXACT DEFINITION INSTEAD OF BEATING AROUND THE BUSH
THEN THERE IS ALSO ANOTHER PUBLICATION THAT I WILL TRY AND FIND, ITS INDEPENTANT CONTRACTOR OR EMPLOYEE
FRANK KATZ
FRANKS TAX & BUSINESS SERVICE
308 E KING ST
KINGS MOUNTAIN, NC 28086
704-739-4039
FAX 704-739-3934
HI TONY, POODLENME, AND DKALASE
THE REAL EXPLANATION I AM COPYING AND PASTING FROM THE IRS WEB SITE
Topic 762 - Independent Contractor vs. Employee
To determine whether a worker is an independent contractor or an employee, you must examine the relationship between the worker and the business. All evidence of control and independence in this relationship should be considered. The facts that provide this evidence fall into three categories – Behavioral Control, Financial Control, and the Type of Relationship itself.
Behavioral Control covers facts that show whether the business has a right to direct and control how the work is done, through instructions, training, or other means.
Financial Control covers facts that show whether the employer or business has a right to control the business aspects of the worker's job. This includes:
The extent to which the worker has unreimbursed business expenses,
The extent of the worker's investment in the business,
The extent to which the worker makes services available to the relevant market,
How the business pays the worker, and
The extent to which the worker can realize a profit or incur a loss. Facts covered by Type of Relationship include:
Written contracts describing the relationship the parties intended to create,
The extent to which the worker is available to perform services for other, similar businesses,
Whether the business provides the worker with employee–type benefits, such as insurance, a pension plan, vacation pay, or sick pay, and
The permanency of the relationship.
For more information, refer to Publication 15A (PDF),[http://www.irs.gov/pub/irs-pdf/p15a.pdf] PAGE 5, Employer's Supplemental Tax Guide. If you want the IRS to determine whether a specific individual is an independent contractor or an employee, file Form SS-8 (PDF).[http://www.irs.gov/pub/irs-pdf/fss8.pdf]2 PAGES
THIS IS MORE OF THE EXACT DEFINITION INSTEAD OF BEATING AROUND THE BUSH
THEN THERE IS ALSO ANOTHER PUBLICATION THAT I WILL TRY AND FIND, ITS INDEPENTANT CONTRACTOR OR EMPLOYEE
FRANK KATZ
FRANKS TAX & BUSINESS SERVICE
308 E KING ST
KINGS MOUNTAIN, NC 28086
704-739-4039
FAX 704-739-3934
Why do you think you are an Independant Contractor
Although (1) not American and (2) not a lawyer:
It seems to me, from what I've read on these three threads, that you are an employee, a COMMISIONED DRIVER, not an independant contractor.
You might have signed an Employment Contract.
Also, was there a "non-compete" clause in the contract?
I don't see that as enforceable as you can't damage your previous employers business. You can't steal customers away for example.
That is why there are non-compete clauses in a Professional's employment contract.
You should see if your state has an Labor department that might assist you in collecting your wages.
A visit to an employment/tax lawyer might be in order so you can find out what the IRS might do in your case.
CYA.
Rob A.
Although (1) not American and (2) not a lawyer:
It seems to me, from what I've read on these three threads, that you are an employee, a COMMISIONED DRIVER, not an independant contractor.
You might have signed an Employment Contract.
Also, was there a "non-compete" clause in the contract?
I don't see that as enforceable as you can't damage your previous employers business. You can't steal customers away for example.
That is why there are non-compete clauses in a Professional's employment contract.
You should see if your state has an Labor department that might assist you in collecting your wages.
A visit to an employment/tax lawyer might be in order so you can find out what the IRS might do in your case.
CYA.
Rob A.
streetsweeper
Expert Expediter
RE: Why do you think you are an Independant Contra
Don't matter which side of the border your Rob, yer a driver just the same, lol.
In addition to the links Frank has posted, you may also check at this site:
http://www.nolo.com/
I use them......
Don't matter which side of the border your Rob, yer a driver just the same, lol.
In addition to the links Frank has posted, you may also check at this site:
http://www.nolo.com/
I use them......