Lawn Care Business Forum Lawn Care Business Book Lawn Care Business Blog Lawn Care Software
Home Forum Contract & Flyer Templates Blog Software Videos Podcast Calculators / Estimators Store Mower Review Design It Yourself Lawn Business School

Go Back   GopherHaul Landscaping & Lawn Care Business Marketing Forum > Lawn Care, Landscaping, and Property Management Forums > General Talk

General Talk If it doesn't fit anywhere else, post it here.

Please Help, Being Forced 1099 Or Fired?


General Talk

If it doesn't fit anywhere else, post it here.
Reply
 
Thread Tools Search this Thread
  #1  
Old 05-15-2009, 12:30 PM
Jason2679302 Jason2679302 is offline
Junior Member
 
Join Date: May 2009
Posts: 2
Rep Power: 7
Jason2679302 is on a distinguished road
Default Please Help, Being Forced 1099 Or Fired?

Hi, I'm Jason...I have worked for a company this is my 3rd year it has always been me and my little brother, the company has always had about 50 or 60 clients and the owner has never done any tax withholding, no benefits, no 1099 nothing. I needed a job, my brother has no education and we've done what we could to survive. Now this week the company was sold to the previous owners best friend. I am told by the new owner I have until next friday to sign a 1099 agreement or to find another job. In my eyes I should have had withholdings all of the last 2 years to that I could have drawn unemployment in the winter until I could find more work. This new guy is offering $11/hr as a 1099. I am and my brother a professional landscaper, we use their $20,000 worth of equipment to service their clients on their time for their profit while they skeetch us out a puny small check in which now I'm getting fired for not accepting to be 1099ed???????? Please Help Anyone?
Reply With Quote

Stop guess-timating. Learn how to estimate and make money! $$$
Mow Time Estimator Lawn Care Price Estimator Mulch and Topsoil Calculator Snow Plow Estimate Calculator


  #2  
Old 05-15-2009, 12:48 PM
Little's's Avatar
Little's Little's is offline
Brandon
 
Join Date: Jun 2007
Location: Shasta Lake CA.
Posts: 814
Rep Power: 9
Little's is on a distinguished road
Default

Lawn care business tipsLawn Care Business Book
Are you saying you didnt know you were working under the table? Most people do that because they want the extra money that would normally go to Uncle Sam. I say either sign it and then next year collect unemployment if you need to, or find another job. Seems pretty straight forward to me.
Good luck.
__________________
Northern California
Reply With Quote
  #3  
Old 05-15-2009, 01:31 PM
Steve's Avatar
Steve Steve is offline
Administrator
 
Join Date: May 2003
Posts: 37,457
Rep Power: 10
Steve has disabled reputation
Default

Hi Jason,

Welcome to our forum.

I guess basically the new owner can do whatever he wants to do and then it's up to you to fight it.

Technically I don't think he can pay you as an independent contractor. (1099) The IRS doesn't allow this to go on unless you meet a set of criteria which I doubt this situation meets.

Do you want to keep the job? Do you want to fight him? Do you want to just say screw it and start your own lawn care business?

Which would you rather do?
__________________
- Subscribe to my Lawn Care Marketing Blog Feed and get daily tips sent to you. Free!
Download your Free trial of Gopher Lawn Care Software.
Reply With Quote
  #4  
Old 05-15-2009, 03:54 PM
musician/lawnman musician/lawnman is offline
Chuck
 
Join Date: Feb 2008
Location: South West Florida
Posts: 919
Rep Power: 0
musician/lawnman is on a distinguished road
Default

As I understand it, For a lawn service to hire a person as a 1099 subcontractor They can tell you basic instructions like what properties to service & what needs to be done either daily or weekly etc. They can not give specific instruction like what order to do the work, when exactly you need to be there etc. The specific instructions make you an employee.

Sounds like the new owner is just looking to cover his butt & be able to claim your labor as an expense in the process. If you go 1099 that's fine but make sure you set money aside as you will need to pay your taxes. Also as a 1099 subcontractor you may need to carry your own workers comp & liability insurance. If your going to do that, you might as well file the DBA & start your own business, then do his jobs with his equipment, & have him make the checks out to the new company name, all the while building your own clientel.
IF you are a subcontractor & not an employee, he can not tell you not to do work for anyone else. If this bothers him, then he wants to have his cake & eat it too. Life doesn't work this way either your a sub or your not!? I use a tree company for tall tree jobs as a sub, I can't tell him not to go trim trees on his own.... same deal. My employees however are just that, & if they wanted to start a business of their own they would be let go.
Reply With Quote
  #5  
Old 05-15-2009, 07:56 PM
Little's's Avatar
Little's Little's is offline
Brandon
 
Join Date: Jun 2007
Location: Shasta Lake CA.
Posts: 814
Rep Power: 9
Little's is on a distinguished road
Default

Quote:
Originally Posted by musician/lawnman View Post
As I understand it, For a lawn service to hire a person as a 1099 subcontractor They can tell you basic instructions like what properties to service & what needs to be done either daily or weekly etc. They can not give specific instruction like what order to do the work, when exactly you need to be there etc. The specific instructions make you an employee.

Sounds like the new owner is just looking to cover his butt & be able to claim your labor as an expense in the process. If you go 1099 that's fine but make sure you set money aside as you will need to pay your taxes. Also as a 1099 subcontractor you may need to carry your own workers comp & liability insurance. If your going to do that, you might as well file the DBA & start your own business, then do his jobs with his equipment, & have him make the checks out to the new company name, all the while building your own clientel.
IF you are a subcontractor & not an employee, he can not tell you not to do work for anyone else. If this bothers him, then he wants to have his cake & eat it too. Life doesn't work this way either your a sub or your not!? I use a tree company for tall tree jobs as a sub, I can't tell him not to go trim trees on his own.... same deal. My employees however are just that, & if they wanted to start a business of their own they would be let go.
As an independent contractor, you must also use your own tools and equipment.
__________________
Northern California
Reply With Quote
  #6  
Old 05-15-2009, 08:50 PM
Steve's Avatar
Steve Steve is offline
Administrator
 
Join Date: May 2003
Posts: 37,457
Rep Power: 10
Steve has disabled reputation
Default

If you are interested in reading more about this. Here is a great site from the IRS.

Independent Contractor (Self-Employed) or Employee?

In determining whether the person providing service is an employee or an independent contractor, all information that provides evidence of the degree of control and independence must be considered.

Common Law Rules

Facts that provide evidence of the degree of control and independence fall into three categories:

1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
__________________
- Subscribe to my Lawn Care Marketing Blog Feed and get daily tips sent to you. Free!
Download your Free trial of Gopher Lawn Care Software.
Reply With Quote
  #7  
Old 05-15-2009, 10:31 PM
CHEESE2009 CHEESE2009 is offline
Dr. Scott - Ruler of the Underworld
 
Join Date: Mar 2009
Location: Switzerland, Grindelwald
Age: 74
Posts: 4,475
Rep Power: 0
CHEESE2009 is on a distinguished road
Default

Hey, sorry to hear about the situation.

Honestly, 50-60 customers is something you & your brother should aim for, without the new owner in the picture.

Is the owner going to work, or just collect from your hard work?

I can't imagine he'll be too busy with office work...


....

Just my opinion.
Reply With Quote
  #8  
Old 05-17-2009, 12:40 AM
Jason2679302 Jason2679302 is offline
Junior Member
 
Join Date: May 2009
Posts: 2
Rep Power: 7
Jason2679302 is on a distinguished road
Default my response to this whole thing

Point Blank I am an employee, and so is every other lawn care employeee in the united states of america that uses the owners equipment, gets orders as to when to work, and let the owner recieve all the profit sitting on his *** doing zero percent of the work.

This owner is sitting back collecting a check, has his own secretary doing the billing, putting us in (no logo) tshirts, trying to set a sales percent in the contract that is capped at 5%, and pay us like dogs getting these 50 or 60 done in 30 hours, and only because they're spread throughout the entire city. He's also demanding we get hime yards that are closer together. This guy wants to have a sweat shop, sit back and eat his cake. I am going into business for myself with a small loan, and do things the right way. Screw the fat pig. I'll whistleblow him in a few weeks when all is said in done, because my brother seems to be staying on board.
Reply With Quote
  #9  
Old 05-17-2009, 01:11 AM
CHEESE2009 CHEESE2009 is offline
Dr. Scott - Ruler of the Underworld
 
Join Date: Mar 2009
Location: Switzerland, Grindelwald
Age: 74
Posts: 4,475
Rep Power: 0
CHEESE2009 is on a distinguished road
Default

I hope you pull it off! If you do, get your brother out of there. The last thing you need is a war.

I wish you guys the best of luck!
Reply With Quote
  #10  
Old 05-17-2009, 07:38 AM
Steve's Avatar
Steve Steve is offline
Administrator
 
Join Date: May 2003
Posts: 37,457
Rep Power: 10
Steve has disabled reputation
Default

Keep us posted on how everything goes!

I am very much looking forwards to your updates.
__________________
- Subscribe to my Lawn Care Marketing Blog Feed and get daily tips sent to you. Free!
Download your Free trial of Gopher Lawn Care Software.
Reply With Quote
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Forced to replace leaf blowers? Steve Truck, Trailer, and Outdoor Power Equipment Discussion, Repairs. 3 03-23-2007 11:17 PM

» Recent Threads
  RatingTitle, Username, & Date Last Post Replies Views
Before & After tree...
COREtreeservice
Yesterday 09:20 PM
Yesterday 09:20 PM
by COREtreeservice
0 28
Dogs
Mr. Mow
06-29-2015 02:37 PM
Yesterday 11:28 AM
by Steve
6 1,773
Ready to learn and get...
Koley Lawn & Landscape
06-28-2015 05:16 AM
Yesterday 11:26 AM
by Steve
8 1,788
Three Stripe Land Care...
hammr04
06-30-2015 07:19 PM
Yesterday 11:24 AM
by Steve
1 50
Just about mid year, how...
GreenWorx
06-24-2015 07:05 PM
06-30-2015 07:41 PM
by hammr04
5 1,850
Country Life Lawn Care
darleneh
06-29-2015 11:24 AM
06-30-2015 01:25 PM
by Steve
3 1,705
Rubber mulch...
avetslawncare
06-24-2015 09:28 PM
06-29-2015 09:23 PM
by Chilehead
6 1,802
I dont know what to do...
Bradcook21
06-21-2015 08:49 AM
06-29-2015 02:30 PM
by Mr. Mow
11 2,034
Marketing ideas
xandrew245x
04-29-2014 06:35 AM
06-25-2015 07:11 PM
by GreenWorx
34 5,649
Never ending sod jobs
avetslawncare
06-05-2015 09:46 PM
06-25-2015 11:42 AM
by Steve
11 2,282
Weed and Feed Service...
mike94740
06-23-2015 05:50 PM
06-24-2015 09:56 PM
by avetslawncare
2 1,759
Trimming hedges / trees,...
Hard-Body lawn & garden
06-23-2015 07:08 PM
06-24-2015 09:59 AM
by Steve
1 1,754
Hi Everyone from Arkansas
KellyMarie
06-04-2015 04:16 PM
06-23-2015 01:34 PM
by KellyMarie
4 2,033
how to make customers...
Bradcook21
05-27-2015 05:04 PM
06-23-2015 06:36 AM
by GreenWorx
7 2,258
problems with a customer...
LawnCareMan280
06-16-2015 10:26 PM
06-22-2015 11:11 AM
by Steve
6 2,023
Please review this FREE...
markty
06-21-2015 07:42 AM
06-22-2015 11:00 AM
by Steve
1 1,781
A good commercial bid...
burtle
06-20-2015 09:09 PM
06-22-2015 10:56 AM
by Steve
1 1,841
What would you do with...
holymoly
06-20-2015 06:48 PM
06-22-2015 10:48 AM
by Steve
1 1,776
New Member just joined...
vgoleco@hotmail.com
06-19-2015 03:49 PM
06-22-2015 10:42 AM
by Steve
2 1,817
Credit Cards - What's in...
Shark1611
06-16-2015 03:04 PM
06-21-2015 07:24 PM
by Chilehead
4 1,906
Blade usage
Wolf4dk
06-16-2015 12:18 AM
06-21-2015 05:35 PM
by kslawn
4 1,922
Hello, I am new to the...
adamslawnservices
06-17-2015 08:06 PM
06-19-2015 10:28 AM
by Steve
3 1,849
Is it too late to do...
markty
06-16-2015 05:28 PM
06-19-2015 10:22 AM
by Steve
4 1,915
First commercial bid
SGL1
06-12-2015 08:57 PM
06-18-2015 05:04 PM
by SGL1
9 2,276
Needing a website built
burtle
06-17-2015 09:02 AM
06-18-2015 11:02 AM
by Steve
7 1,991
I have been rude and...
biglee
06-15-2015 10:11 PM
06-18-2015 10:46 AM
by Steve
10 2,075
Start LIKING FACEBOOK...
rlclawncare123
02-26-2015 12:06 AM
06-17-2015 08:38 AM
by burtle
9 3,169
Customer keeps adding...
Mr. Mow
06-13-2015 06:22 AM
06-16-2015 10:23 AM
by Steve
11 2,131
Pass discounts onto...
burnell76
06-03-2015 06:33 PM
06-16-2015 10:02 AM
by burnell76
3 2,011
burned grass only where...
nhauto
06-15-2015 05:28 PM
06-16-2015 09:45 AM
by Steve
2 1,883
Half year mark review.
Steve
06-02-2015 11:24 AM
06-15-2015 01:04 PM
by Steve
18 2,592
These are the days on...
ExtremeLawncareServices
01-11-2015 10:41 AM
06-15-2015 01:01 PM
by Steve
86 9,637
New Member
Bruce Fehr
06-05-2015 07:13 PM
06-15-2015 12:53 PM
by Steve
6 2,015
New to the business,...
CarefreeMowing
06-12-2015 02:36 PM
06-15-2015 12:50 PM
by Steve
1 1,895
Beginner Mistakes:...
Steve
01-31-2007 11:45 AM
06-13-2015 08:48 AM
by holymoly
45 11,972
New to the forum, new to...
CarefreeMowing
06-11-2015 12:35 PM
06-12-2015 10:44 AM
by Steve
2 1,816
problems with a customer
LawnCareMan280
05-19-2015 06:28 PM
06-11-2015 10:50 PM
by stallman419
8 2,366
Website Review
Outdoordesignsknox
06-08-2015 08:44 PM
06-11-2015 09:48 PM
by Just for Cuts
13 2,243
another newish job for me
holymoly
06-07-2015 08:34 AM
06-11-2015 10:05 AM
by Steve
8 2,037
Anyone need help? I have...
biglee
05-06-2015 12:22 PM
06-10-2015 01:45 PM
by holymoly
15 2,951
Hello from the GREAT...
gbfarmsllc
06-09-2015 11:10 AM
06-10-2015 01:29 PM
by Sprinkler Buddy
2 1,885
Hey guys and gals, I'm...
Joeyhall
06-03-2015 03:54 PM
06-08-2015 02:15 PM
by chris2500hd
8 2,127
Mowing Bermuda...
Mr. Mow
06-02-2015 12:45 PM
06-08-2015 12:45 PM
by Steve
12 2,285
Hey Guys
PrattLandscaping
06-07-2015 06:37 PM
06-08-2015 12:23 PM
by Steve
2 1,897
Share your stolen...
SGL1
05-27-2015 09:05 PM
06-08-2015 11:54 AM
by Steve
25 2,830
Hello there My name is...
zwalk1839
06-04-2015 11:10 PM
06-08-2015 11:52 AM
by Steve
4 2,014
Laid off oil field...
Mr. Mow
05-30-2015 09:03 AM
06-08-2015 06:20 AM
by Mr. Mow
4 2,119
How do you find one time...
Greg'slawnandlandscape
06-02-2015 09:57 PM
06-05-2015 09:49 PM
by avetslawncare
4 2,045
Show us your stripes
Just for Cuts
05-21-2015 03:07 PM
06-04-2015 05:24 PM
by ExtremeLawncareServices
6 2,346
Replacement Parts -...
nicholas-KC
08-16-2014 08:40 AM
06-04-2015 11:45 AM
by Steve
9 3,834
» Popular Tags
ad landscaping advertising apartment complex apartment lawn care estimate applying bark billy goat brushcutter blowout bob villa collections commercial curb appeal services demonstration design door hangers edging employee problems equipment dealer equipment rental facebook foreman free advertising free lawn care google growing a lawn care business hardscapes hills how to husqvarna increase customers jobs landscape landscape services landscaping lawn aeration lawn care lawn care busines plan lawn mowing marketing marketing secrets more customers business mr dave new business ordinance past due patio install per hour service plowing pricing push versus ride scripts secrets to landscaping shell shreaded small engine repair snow plowing sq ft square foot trailer trailer mate pro tree tree pics trimmer rack up sell employee web design website website design winterization wood www.greenturion.co.za
Powered by vBadvanced CMPS v3.1.0

All times are GMT -5. The time now is 06:59 AM.


(C) 2011 Riggs Publications - Terms of use & Privacy Policy

All times are GMT -5. The time now is 06:59 AM.

(C) 2011 Riggs Publications - Terms of use & Privacy Policy