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Cleveland622

Guest
I'm in Cleveland, Ohio.

My roommate was working for a woman in a horse stable. She was getting paid to clean stalls and turn out horses. She was getting paid by task (i.e. $5 to completely clean a stall, $2.50 to partially clean it, etc...) Today she was asked to do work that she had not done before and that was never presented to her as part of her duties. She was also told she would not be paid for it. For some reason she stayed to help out. The owner of the stable asked her to drive a "green machine" by John Deere. My roommate has never driven one of these and has never been trained on how to handle one. Of course, an accident occured in which the green machine flipped over with my roommate in it. The owner was quick to point out that my roommate had signed numerous release forms in case of accidents and that if any treatment were needed it would be her personal resposibility. The owner sent her home for the day. My roommate did not go to the hospital or doctor. She is very sore but doesn't think anything is broken. She plans on never returning to work for this person.

She was paid once a week by checks which appeared to be personal checks from the owner. Taxes were not taken out of her check and she was not issued a 1099 or anything of that nature.

What of these events should we report and to whom should we report them? There must be something we can do. Also, when she quits how soon do the owners need to get her her final paycheck? They also owe her money from a week ago because they left a day off of her check.

Thank you in advance.
 


ALawyer

Senior Member
It is plain recklessness to assign an untrained and unlicensed person to use dangerous equipment without instruction or training. If she suffered any injury she could have a massive claim that could include punitive damages, assuming that it is not barred by Workers Comp (which they were not paying).

The forms she signed in advance will not immunize the firm for its recklessness. A personal injury lawyer would be the one to see.

As for the 1099, they are treating her as an independent contractor -- probably improperly, to avoid their share of Social Security taxes, Workers Comp, etc.

 

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