Can This Be Real?

RunningOnEmpty said:

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

My husband, who has worked for decades the building trades has been out of work for a very long time.

As a last resort, he posted an ad indicating he was an Unlicensed handyman and was willing to work by the hour, and listing the types of work/jobs he was capable and willing to do.(even going as far as yard cleanup and janitorial/cleaning work).

He got a response, with a woman calling and saying she needed somebody to paint the inside of her house. He went to her house, told her he would charge $15 per hour and said that he had a friend who could help that charges $12 per hour. The friend is just another out of work guy he knows from church. She asked how long it would take to complete the work and he told her he thought about 40 hours. (He is not a painter by trade, so was guessing)

Then she took him to the garage where the police were waiting and arrested him for soliciting without a business license (city violation), contracting without a contactor's license & insurance (state violation) and another one, something to do with not having workers comp insurance. Three citations and three court dates.

He has never had a business or any employees. Is it really illegal to look for hourly work by posting ads on the internet? Would it be different if the ad had been printed in the newspaper?

I'm so confused that this could happen. He was looking for honest work/honest pay, basically as a laborer. He wasn't trying to do anything wrong or anything illegal. And now it appears he is in a whole lot of trouble. For trying to work.

Any suggestions on how we can handle this disaster? Does anybody know how bad this is going to be?

Click to expand...

Hot Topic said:

I don't know if anyone can tell you with complete assurance how bad the situation is going to be.

I think that painters have to belong to a union when they take on a professional job, i.e., painting homes or apartment buildings. A professional will know what kind of paint to use or not use. Was he expecting the woman to provide the paint? As an experienced professional, he would know all the ins and outs.

People often get in trouble when they hire "a guy off the street" rather than a licensed professional. And someone who belongs to a union is not going to appreciate competition.

Click to expand...

RunningOnEmpty said:

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

My husband, who has worked for decades the building trades has been out of work for a very long time.

As a last resort, he posted an ad indicating he was an Unlicensed handyman and was willing to work by the hour, and listing the types of work/jobs he was capable and willing to do.(even going as far as yard cleanup and janitorial/cleaning work).

He got a response, with a woman calling and saying she needed somebody to paint the inside of her house. He went to her house, told her he would charge $15 per hour and said that he had a friend who could help that charges $12 per hour. The friend is just another out of work guy he knows from church. She asked how long it would take to complete the work and he told her he thought about 40 hours. (He is not a painter by trade, so was guessing)

Then she took him to the garage where the police were waiting and arrested him for soliciting without a business license (city violation), contracting without a contactor's license & insurance (state violation) and another one, something to do with not having workers comp insurance. Three citations and three court dates.

He has never had a business or any employees. Is it really illegal to look for hourly work by posting ads on the internet? Would it be different if the ad had been printed in the newspaper?

I'm so confused that this could happen. He was looking for honest work/honest pay, basically as a laborer. He wasn't trying to do anything wrong or anything illegal. And now it appears he is in a whole lot of trouble. For trying to work.

Any suggestions on how we can handle this disaster? Does anybody know how bad this is going to be?

Click to expand...

Today he went and applied for a solicitor's license and a business license although it seemed crazy, since he is not running any kind of a business or soliciting door to door, just trying to hire himself out for general labor.

Click to expand...

Antigone* said:

They don't have to belong to a union, Hot. They just have to be licensed..

My question to the OP ~ What is he being charged with?

Click to expand...

RunningOnEmpty said:

He is being charged with 1) Soliciting without a business license 2)Holding himself out as a contractor without a contractor's license or insurance 3) No workers comp insurance

It appeared to be some type of sting operating, since she had a bunch of police in the garage.

Today he went and applied for a solicitor's license and a business license although it seemed crazy, since he is not running any kind of a business or soliciting door to door, just trying to hire himself out for general labor.

**A: you still don't get it. He IS running a business. The second he places an ad or talks to anyone about him doing a painting job is considered business activity.


############
He did not bid a price to do the job. The woman was supposed to furnish the supplies, paint and materials and he was to work at her direction for any hourly wage. He thought of himself as her employee, not as a "contractor"

**A: then he thought wrong. He really needs to read the CA contractor's license law.


##########

I guess the workers comp insurance came in because he said he had a friend who could help with the painting.

**A: exactly. The friend would be considered his employee.


##########

I have a 16 yr old son who does a lot of community service work for school and church. He mostly helps elderly people with heavy lifting or computer work no charge. Sometimes they try to pay him. If he were to accept payment for his services, would he be a contractor and require a business license, too?

Click to expand...