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On Tue, Apr 21, 2009 at 9:30 AM, Gene Kim-Eng <techwr -at- genek -dot- com> wrote:
> This may be of some interest:
>
>
>http://www.mwe.com/index.cfm/fuseaction/publications.nldetail/object_id/fecf4579-3361-4fca-b404-bd93f2c66add.cfm
>
> Under these conditions, I would stay on the job for now, collecting the
> necessary documentation to establish the employer's violation of MA state
> requirements that a contractor be free of client company control and
> performing
> work outside the company's usual business (it appears that Evelyn's son
> does not
> currently meet the requirement of being "customarily engaged" as a
> contractor,
> but everybody has to start somewhere, and this may become a grey area if he
> chooses to stay on the job). I would also continue to look for other work,
> as
> this is obviously nothing more than a temp job. At the approporiate time
> (IOW,
> when I found another job), I would leave and submit all my documentation to
> the
> state as I report the company for a code violation on my way out. If the
> state
> rules in my favor, any retroactive salary, benefits and/or treble damages
> would
> be a nice exit payment; if not, at least I'd have had some income for that
> period even if the conditions were trying. Either way, I wouldn't want
> this
> company on my resume or references, so there's nothing much at risk there.
>
> Gene Kim-Eng
>
>
>
> ----- Original Message -----
> From: "Al Geist" <al -dot- geist -at- geistassociates -dot- com>
>
> > As for working as a consultant and having to pay your own taxes and keep
> > your own books, what is wrong with that? It's not that hard to do and
> there
> > are some tax benefits to be gained from being "in business for yourself."
> > If, however, he has only one contract and that contract specifies the
> times
> > he is required to be "at the office" and even determines his break times,
> > then the IRS may look at him as an employee. A lot of marginally ethical
> > companies try to skirt that law, and they use intimidation to keep the
> > employees in line. During this recession, there can probably get away
> with
> > it a lot easier than they could during the good times. The problem your
> son
> > faces is if he goes to the authorities, he will surely loose this job. If
> he
> > doesn't say something, he will be used until he is no longer needed and
> then
> > kicked out the door.
> >
> > Tell him good luck and mark this job up as one of those miserable, but
> > necessary lessons in life.
>
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