one of my contractors has a Sex Battery case? should i let him go?

[gadgetsrepairhq]

What is the name of your state (only U.S. law)? FL


after many excuses from one of my contractor not to go service calls at houses, he told me cant drive because he has DUI .

i did a State search and i found out that he has a sex battery case, bond is half million Dollar, he was arrested almost 5 months ago.

is it my right as an employer to ask him to get in touch with his attorney or the officer who handles his case?i do have have men and females workers and i do not want to get sued by any of them.

 

[TheGeekess]

What is the name of your state (only U.S. law)? FL


after many excuses from one of my contractor not to go service calls at houses, he told me cant drive because he has DUI .

i did a State search and i found out that he has a sex battery case, bond is half million Dollar, he was arrested almost 5 months ago.

is it my right as an employee to ask him to get in touch with his attorney or the officer who handles his case?i do have have men and females workers and i do not want to get sued by any of them.

Can he perform per the contract?

 

[Proserpina]

What is the name of your state (only U.S. law)? FL


after many excuses from one of my contractor not to go service calls at houses, he told me cant drive because he has DUI .

i did a State search and i found out that he has a sex battery case, bond is half million Dollar, he was arrested almost 5 months ago.

is it my right as an employee to ask him to get in touch with his attorney or the officer who handles his case?i do have have men and females workers and i do not want to get sued by any of them.

Arrested but not convicted, yes?

 

[Zigner]

Is he an employee or a contractor?

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? FL


after many excuses from one of my contractor not to go service calls at houses, he told me cant drive because he has DUI .

i did a State search and i found out that he has a sex battery case, bond is half million Dollar, he was arrested almost 5 months ago.

is it my right as an employee to ask him to get in touch with his attorney or the officer who handles his case?i do have have men and females workers and i do not want to get sued by any of them.

You should ask your boss.

 

[Zigner]

You should ask your boss.

It was poorly worded, but the OP was saying that this person is his employee, so he (the OP) wants to know if he has the right to ask these things.

 

[gadgetsrepairhq]

he is a contractor, he get paid on each device he repairs, we repair consumer electronics.

that means off course that he stays in our facility and communicate with all other employees and contractors.

 

[gadgetsrepairhq]

as per as the public records, he was arrested in August, released after 2 days on a half Million Dollar Bond, no further information is available

 

[Proserpina]

as per as the public records, he was arrested in August, released after 2 days on a half Million Dollar Bond, no further information is available

I'm going to defer to the HR experts for this one, but my gut instinct tells me to be a little concerned about firing him for something he's not yet been convicted of doing.

 

[Zigner]

If he is truly a contractor, then simply don't utilize his services any longer.

I suspect, however, that he is likely not properly classified as a "contractor" - but that's a different discussion.

 

[eerelations]

If he is truly a contractor, then simply don't utilize his services any longer.

I suspect, however, that he is likely not properly classified as a "contractor" - but that's a different discussion.

And potentially a big problem for you OP.

If the terms of his contract allow you to terminate it, and you do so, and he then applies for EI, he may well end up being reclassified as an employee. The DOL and the IRS will then come knocking at your door, and you may be liable for some payouts.

 

[cbg]

Does his job require that he be able to drive?

 

[commentator]

Yes, if he were a regular employee, and you fired him because he has this case against him, not for any work related reason, he's very likely going to be eligible for unemployment benefits. (except that this is Florida under the current governor, and they're trying to fix it so that NOBODY in FL gets unemployment benefits!) The court case going on outside work is definitely not work related. Until the time he is incarcerated, he could be drawing unemployment benefits.

And when he files, and they become aware of his situation, if he has been misclassified as a contractor, when he was actually an employer, the unemployment tax department is going to come after your business for unpaid unemployment taxes. Just calling someone a contractor and giving them a 1099 does not mean they meet the requirements. If he is truly a contractor, sets his own hours, comes and goes as he pleases, etc....there are a whole lot of criteria, then you can simply not use his services any more if you think this is a problem.

But if there's a possibility he's misclassified, and he's in your facility, working at your behest, unless there is some perceived danger to a client or co-worker, you do not really need to terminate him. As someone else pointed out, he has been accused but not convicted, and as long as the particular incident is completely unrelated to his work with you, if his work is all right otherwise, why fire him now?

 

[swalsh411]

While it may be legal it is in my opinion morally wrong to fire somebody because they have merely been accused of a crime.

 

[gadgetsrepairhq]

I am not talking about the diffrrence between an employee and contractor.

2 days ago. he was talking to a female employee who is 17 yrs old. I saw him touching her around her waist. let us say that everyone would agrees that this. situation should have never happen.

do you see what I mean now