RE: taking on a subcontractor

Subject: RE: taking on a subcontractor
From: Mailing List <mlist -at- ca -dot- safenet-inc -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Fri, 14 May 2004 08:34:03 -0400

Bill Darnall pronounced:

> For example, several years ago I hired someone who claimed to be
> working as an independent subcontractor. We negotiated a reasonable
> subcontract. I fully paid the person for their work. Later, this
> person filed for unemployment. The California EDD ruled she was not
> really a (legal) independent subcontractor. I was forced to pay, out
> of my pocket, all her state and federal taxes, (double) social
> security, plus, plus, plus.

Well, don't leave THAT hanging, my man. C'mon, out with it.

How did this person turn into an employee of yours?
Was she required to work at your location, using your
tools (computers, software, etc.)? Did you set her hours
and make other employer-like demands? Were there other "markers"
of employee-dom versus contractorhood that the goobermint
said this person (or the terms of her contract) exhibited?

Even though this took place in California, the land where
what is not forbidden is mandatory, it still will be of interest
to the rest of us, what contortions they used to justify
their contentions... for that matter, are you aware if the
"subcontractor" lied to the goobermint, in making her unemployment
insurance claim?

Spill! :-)


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