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, 01:30 PM
Jason2679302 Jason2679302 is offline
Junior Member
 
Join Date: May 2009
Posts: 2
Rep Power: 6
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, 01:48 PM
Little's's Avatar
Little's Little's is offline
Brandon
 
Join Date: Jun 2007
Location: Shasta Lake CA.
Posts: 814
Rep Power: 8
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, 02:31 PM
Steve's Avatar
Steve Steve is offline
Administrator
 
Join Date: May 2003
Posts: 36,603
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
Reply With Quote
  #4  
Old 05-15-2009, 04:54 PM
musician/lawnman's Avatar
musician/lawnman musician/lawnman is offline
Chuck
 
Join Date: Feb 2008
Location: South West Florida
Posts: 919
Rep Power: 7
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.
__________________
AAA QUALITY CLEAN CUT, LLC.
LAWN CARE & LANDSCAPING
Visit us here:

  #5  
Old 05-15-2009, 08:56 PM
Little's's Avatar
Little's Little's is offline
Brandon
 
Join Date: Jun 2007
Location: Shasta Lake CA.
Posts: 814
Rep Power: 8
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, 09:50 PM
Steve's Avatar
Steve Steve is offline
Administrator
 
Join Date: May 2003
Posts: 36,603
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, 11:31 PM
CHEESE2009's Avatar
CHEESE2009 CHEESE2009 is offline
Dr. Scott - Ruler of the Underworld
 
Join Date: Mar 2009
Location: Switzerland, Grindelwald
Age: 73
Posts: 4,475
Rep Power: 10
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, 01:40 AM
Jason2679302 Jason2679302 is offline
Junior Member
 
Join Date: May 2009
Posts: 2
Rep Power: 6
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, 02:11 AM
CHEESE2009's Avatar
CHEESE2009 CHEESE2009 is offline
Dr. Scott - Ruler of the Underworld
 
Join Date: Mar 2009
Location: Switzerland, Grindelwald
Age: 73
Posts: 4,475
Rep Power: 10
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, 08:38 AM
Steve's Avatar
Steve Steve is offline
Administrator
 
Join Date: May 2003
Posts: 36,603
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 03-24-2007 12:17 AM

» Recent Threads
  RatingTitle, Username, & Date Last Post Replies Views
New website
Chilehead
11-20-2014 04:39 PM
Today 10:05 AM
by Just for Cuts
7 142
My site is on fronts page
tbtigers03
11-14-2014 05:58 PM
Yesterday 10:49 PM
by Just for Cuts
16 467
Pics for website
tbtigers03
11-21-2014 05:40 PM
Yesterday 10:01 PM
by Just for Cuts
3 92
Peco Bagger
AGPS
11-18-2014 02:20 PM
Yesterday 05:56 PM
by AGPS
9 262
Beginner Mistakes:...
Steve
01-31-2007 12:45 PM
Yesterday 02:42 PM
by stevef1201
22 6,080
These are the days on...
ExtremeLawncareServices
03-22-2014 10:12 AM
11-21-2014 09:48 PM
by ExtremeLawncareServices
174 13,940
Hello from Kentucky
TRV
09-30-2014 06:42 PM
11-21-2014 09:38 PM
by TRV
6 1,247
Contract or no contract?
TRV
11-20-2014 09:18 PM
11-21-2014 09:33 PM
by TRV
3 133
Hi to you NOTHERNERS
stevef1201
11-11-2014 05:56 PM
11-21-2014 08:02 PM
by stevef1201
4 296
Billboards for marketing
ExtremeLawncareServices
11-16-2014 08:39 PM
11-21-2014 07:05 PM
by acrajchel
13 353
Belt dealer problem
googus
11-21-2014 08:45 AM
11-21-2014 06:36 PM
by Steve
2 87
Good help is hard to find
Hanks Lawn Care Services
11-19-2014 03:27 PM
11-21-2014 06:32 PM
by Steve
7 191
How to: Use Thumbtack...
acrajchel
11-17-2014 06:39 PM
11-21-2014 06:07 PM
by acrajchel
15 451
What is going on with...
biglee
11-14-2014 03:04 PM
11-20-2014 02:50 PM
by biglee
40 907
My advice for new guys
avetslawncare
11-15-2014 09:32 AM
11-19-2014 01:47 PM
by biglee
10 459
Lawn Care business...
crieg122
10-23-2014 02:23 PM
11-19-2014 12:39 PM
by acrajchel
28 1,824
raking leaves ?
robert8509
10-22-2014 10:19 PM
11-18-2014 04:24 PM
by acrajchel
14 1,419
Leaf removal
madmedic8575
10-24-2014 05:14 PM
11-17-2014 07:34 PM
by acrajchel
6 1,166
sod job
SGlawncare
10-30-2014 09:21 PM
11-17-2014 07:10 PM
by acrajchel
7 735
Customer wants me to...
Mr. Mow
11-09-2014 07:13 AM
11-17-2014 06:48 PM
by acrajchel
10 499
Hello!
Brian3137
11-11-2014 07:15 PM
11-17-2014 06:46 PM
by acrajchel
14 442
small biz in Phoenix,AZ
anthonyramos1
11-08-2014 09:35 PM
11-17-2014 05:59 PM
by acrajchel
2 302
Client won't pay...
WesleySnips
10-30-2014 03:53 PM
11-17-2014 05:37 PM
by acrajchel
22 1,335
Government contracts
avetslawncare
11-15-2014 08:50 AM
11-17-2014 12:59 PM
by Steve
2 225
Need help on deciding a...
Brian3137
11-10-2014 06:32 PM
11-17-2014 12:44 PM
by Steve
12 494
West cost lawn prices
SGlawncare
10-09-2014 10:51 PM
11-16-2014 07:54 AM
by stevef1201
8 1,573
So how do you guys...
Mr. Mow
10-26-2014 08:55 AM
11-15-2014 08:44 AM
by avetslawncare
14 1,678
Truck, Trailer,...
hawthornelawncare
12-23-2011 01:01 AM
11-13-2014 08:35 AM
by jrs.landscaping
81 31,788
The most dangerous part...
Steve
10-06-2014 03:45 PM
11-12-2014 05:05 PM
by stevef1201
14 1,651
A little hang up in snow...
stevef1201
11-08-2014 07:05 AM
11-12-2014 12:51 PM
by Steve
4 402
Bi-weekly winter...
lxarth
11-04-2014 08:37 PM
11-12-2014 10:06 AM
by WesleySnips
9 602
taking first steps...
sizemorelawncare
11-10-2014 08:24 PM
11-11-2014 01:21 PM
by Steve
1 301
Back Pack Blower
Ian Lovejoy
11-09-2014 08:41 AM
11-11-2014 08:12 AM
by Just for Cuts
4 357
Business Cards
crieg122
10-25-2014 01:03 PM
11-11-2014 07:56 AM
by Just for Cuts
12 1,297
How the unregister?
alive101
11-04-2014 07:39 AM
11-10-2014 01:48 PM
by Steve
4 582
Belt adjustment question
googus
11-05-2014 06:43 AM
11-10-2014 01:38 PM
by Steve
5 492
New parking area
ExtremeLawncareServices
11-07-2014 09:47 PM
11-10-2014 01:25 PM
by Steve
2 324
Podcast
Shark1611
11-07-2014 05:42 PM
11-10-2014 11:41 AM
by Steve
1 283
hi, from Minnesota
rjklohn
11-07-2014 02:21 AM
11-07-2014 01:44 PM
by Steve
1 298
New to snow plowing
SS.Lawncare
11-05-2014 04:00 PM
11-07-2014 01:21 PM
by Steve
6 532
New Member
tonyap
11-05-2014 10:35 PM
11-07-2014 01:15 PM
by Steve
1 343
New to the business
jcurr33
11-05-2014 03:21 PM
11-07-2014 01:11 PM
by Steve
1 398
Lines
Matther777
11-04-2014 02:19 PM
11-07-2014 12:54 PM
by Steve
1 437
hello, new to this site
tonyorwig
10-31-2014 10:49 PM
11-04-2014 02:24 PM
by tonyorwig
3 633
Aloha from Hawaii.
Gary R
11-02-2014 12:44 AM
11-03-2014 03:02 PM
by Steve
1 535
Pavers
crieg122
10-28-2014 03:49 PM
10-31-2014 01:49 PM
by Steve
6 849
Hi Steve From West...
Mr. Mow
10-21-2014 02:59 PM
10-31-2014 12:56 PM
by Steve
5 1,166
Got my first lawn job...
SGL1
06-11-2014 10:19 PM
10-31-2014 10:53 AM
by Max Wagner
30 3,275
Gie-review / What's new...
ExtremeLawncareServices
10-25-2014 10:19 AM
10-31-2014 10:30 AM
by ExtremeLawncareServices
7 1,094
Business Name
sanchez5
10-29-2014 12:55 AM
10-31-2014 06:51 AM
by ringahding1
10 958
» Popular Tags
2wd 4x4 apartment lawn care estimate applying article marketing auger bid blades bob villa care charge commercial decorating demonstration ditches edging employee problems exmark ferris four wheel drive gopherhaul grass gravely growing a lawn care business hardscapes hiring how much to charge how to john deere quik trac landscape services lawn lawn care lawn care busines plan lawn care business lawn care business seo lawn care business show lawn care business website lawn care business website seo lawn care website lighting mechanic monthly mulch mulch estimate new buisness new mower past due patio install podcast pto running a business scag scripts search engine optimization seo shell snow snow plowing sprayer starting a business steve stihl theft toro toro grand stand trailer mate pro tree turfgrass consulting walk behind walker
Powered by vBadvanced CMPS v3.1.0

All times are GMT -5. The time now is 10:43 AM.


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

All times are GMT -5. The time now is 10:43 AM.

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