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Sub Contractor Or Employee

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dwcornett

Junior Member
What is the name of your state? Kentucky
My two sons (28 & 30) have now worked for this Builder/Remodeler for two or three years. They work for him everyday. He tells them what time to start and quit and pays them by the hour. Every year he tells them he is going to START withholding taxes but then never does. More recently he told them they needed to get workmens comp and insurance like they were sub contractors. My sons went with the flow and the builder paid the liability insurance for the year. Shortly after getting the insurance he told them there would be days he had no work and would not pay them for those days. Then about a week later he told them he had no work for a couple days and had them call him on Sunday to find out about Monday. When they called he told them to meet him at a job side and told them he needed a roof put on and was paying $600 to get the job done. They again went with the flow but could not live on what he was paying. Their original salaries were about $700 a week for each of them and now the builder was cutting that in less than half. No bids were ever given only the builder determined what he would pay and told them each time the money got less and less and it was either do it for that price or don't do it at all.

Is this legal? I thought there were laws determining employee/employer relationships verses sub contractors. Are they eligible to get unemployement ??

HELP PLEASE My one son has two small kids and has had to get public assistance until he finds another employer.

Dwight Cornett :mad:
 


pattytx

Senior Member
It sounds like your sons very well should have been classified as employees. What they need to do at this time is go ahead and file for unemployment.

When the state realizes that there have been no wages reported for them, they will contact the company and ask where the wages were reported. If company reports that your sons were indepedent contractors, and the state accepts that and denies them UI benefits (which may or may not be the actual outcome), at that point your sons can appeal the claim and try to convince the administrative judge that they were, in fact, employees.

I know that this seems a lot to go through, but it really only takes a couple of weeks to get the initial determination.

Good luck to your sons. I hate it when companies don't comply with such simple laws when so many others of us do. They should get what's coming to them.
 

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