traveler1938
Junior Member
What is the name of your state? TX.
I have several questions concerning my situation.
First off, when we signed this agreement ( See contract below with the names changed) with XXXXXX RV Resort which is in South Texas, we were working at an RV Resort in Calif. 2000 miles away. We assumed that they would be withholding SS and Federal Income Tax as is normally done. We are full timers meaning we live full-time in our RV, and we are Texans, but work for short periods of time at RV parks all over the US. When we got here and started training, they said, by the way we don’t withhold SS or Income tax, so we would have to pay our own SS and income Taxes. They are paying by Check, but as if cash, because they are not reporting it,( they told us that it was up to us if we wanted to report our income to the IRS or not, which we are) no 1099 or W2. I take it they are classifying us as independent contractors, which if so, we should still get a 1099 for. We had traveled almost 2000 miles to get here, so we were stuck and decided to make the best of it. Then we found out that we were wrongly classified, according to the IRS rules, because they set the schedule. ( days, time, and Hrs worked and how to do the job) According to the IRS they could be fined for wrongly classifying employees. We also have to live on the premisses with the first 60 hrs going to our site rent. See contract below Item # 1.
My question is; #1. Is it legal for them to not do withholding and pay their 1/2 of our SS tax.
#2. Is it legal for them to not have us covered under Workman's comp law. See item # 5 below.
#3. Under #6 below, ( We further agree if WE terminate the agreement prior to the above dates, we will pay our electrical costs for the occupied site.) Does this mean we are liable for our electric the whole time we are here, or just for the last month, if they terminate us or if we leave early. My worry/problem is that they could wait until the 11th month and then fire us for “whatever” and then charge us for our electric for that 11 months.
#4. What if any is my liability in this situation. i.e. Am I legally responsible in any way for not reporting any of these things listed above if they are illegalities by my employer?
I have not discussed any of this with my employer at this time because I don’t want to cause any trouble etc. until I find out the answers to my questions above.
There may be some other ( legal) things wrong here that I am not aware of. Please advise or point me in the right direction. Any help would be much appreciated. JJ
CONTRACT
We, Bob Doe and Jane Doe agree to the following terms and conditions with XXXXXX RV Resort hereafter called ( The Smiths):
This agreement will become affective upon signing. On the job training will begin approx. 1 week prior to September 27, 2004. This agreement is effective to September 20, 2005 and may be extended upon agreement of both parties.
1. The Smiths shall provide a site 1 week prior to September 27, 2004 complete with water, sewer, electrical and telephone at no charge in exchange for duties performed at 60 hours per month, beginning September 20, 2004. Duties as requested by The Smiths.
2. Beginning September 20, 2004, all additional hours worked will be reimbursed at $7.50 per hour per person due and payable by the 3rd day of the month following.
3. We shall keep the record of extra hours in the office and said hours shall be verified and agreed to by The Smiths prior to payment.
4. We shall be responsible to provide our own medical and insurance coverage.
5. XXXXXX RV Resort/The Smiths shall not be liable and shall not be held accountable in the event of any injury resulting from duties performed for XXXXXX RV Resort for the length of the agreement.
6. We agree that if either party terminates the agreement prior to the above date, termination shall be given in writing with 30 days notice. We further agree if WE terminate the agreement prior to the above dates, we will pay our electrical costs for the occupied site. We
agree to abide by all rules and regulations and the condominium documents governing XXXXXX RV Resort.
7. Confidentiality and privacy of this agreement, the terms and conditions and the duties are extremely
important. The agreement and duties shall not be discussed with site owners, Board members or guests
of XXXXXX and shall remain between ourselves and The Smiths.
Duties will include but are not limited to:
Site improvement Welcome Center general
maintenance
General grounds clean up Guest registration
Lawn cutting Various office/computer
duties
Banking duties
Planting/weeding Customer service
Pool maintenance & clean up Escort RV parking
Agreed:_________________________________________
signature
__________________________________________
signature
Date___________________
I have several questions concerning my situation.
First off, when we signed this agreement ( See contract below with the names changed) with XXXXXX RV Resort which is in South Texas, we were working at an RV Resort in Calif. 2000 miles away. We assumed that they would be withholding SS and Federal Income Tax as is normally done. We are full timers meaning we live full-time in our RV, and we are Texans, but work for short periods of time at RV parks all over the US. When we got here and started training, they said, by the way we don’t withhold SS or Income tax, so we would have to pay our own SS and income Taxes. They are paying by Check, but as if cash, because they are not reporting it,( they told us that it was up to us if we wanted to report our income to the IRS or not, which we are) no 1099 or W2. I take it they are classifying us as independent contractors, which if so, we should still get a 1099 for. We had traveled almost 2000 miles to get here, so we were stuck and decided to make the best of it. Then we found out that we were wrongly classified, according to the IRS rules, because they set the schedule. ( days, time, and Hrs worked and how to do the job) According to the IRS they could be fined for wrongly classifying employees. We also have to live on the premisses with the first 60 hrs going to our site rent. See contract below Item # 1.
My question is; #1. Is it legal for them to not do withholding and pay their 1/2 of our SS tax.
#2. Is it legal for them to not have us covered under Workman's comp law. See item # 5 below.
#3. Under #6 below, ( We further agree if WE terminate the agreement prior to the above dates, we will pay our electrical costs for the occupied site.) Does this mean we are liable for our electric the whole time we are here, or just for the last month, if they terminate us or if we leave early. My worry/problem is that they could wait until the 11th month and then fire us for “whatever” and then charge us for our electric for that 11 months.
#4. What if any is my liability in this situation. i.e. Am I legally responsible in any way for not reporting any of these things listed above if they are illegalities by my employer?
I have not discussed any of this with my employer at this time because I don’t want to cause any trouble etc. until I find out the answers to my questions above.
There may be some other ( legal) things wrong here that I am not aware of. Please advise or point me in the right direction. Any help would be much appreciated. JJ
CONTRACT
We, Bob Doe and Jane Doe agree to the following terms and conditions with XXXXXX RV Resort hereafter called ( The Smiths):
This agreement will become affective upon signing. On the job training will begin approx. 1 week prior to September 27, 2004. This agreement is effective to September 20, 2005 and may be extended upon agreement of both parties.
1. The Smiths shall provide a site 1 week prior to September 27, 2004 complete with water, sewer, electrical and telephone at no charge in exchange for duties performed at 60 hours per month, beginning September 20, 2004. Duties as requested by The Smiths.
2. Beginning September 20, 2004, all additional hours worked will be reimbursed at $7.50 per hour per person due and payable by the 3rd day of the month following.
3. We shall keep the record of extra hours in the office and said hours shall be verified and agreed to by The Smiths prior to payment.
4. We shall be responsible to provide our own medical and insurance coverage.
5. XXXXXX RV Resort/The Smiths shall not be liable and shall not be held accountable in the event of any injury resulting from duties performed for XXXXXX RV Resort for the length of the agreement.
6. We agree that if either party terminates the agreement prior to the above date, termination shall be given in writing with 30 days notice. We further agree if WE terminate the agreement prior to the above dates, we will pay our electrical costs for the occupied site. We
agree to abide by all rules and regulations and the condominium documents governing XXXXXX RV Resort.
7. Confidentiality and privacy of this agreement, the terms and conditions and the duties are extremely
important. The agreement and duties shall not be discussed with site owners, Board members or guests
of XXXXXX and shall remain between ourselves and The Smiths.
Duties will include but are not limited to:
Site improvement Welcome Center general
maintenance
General grounds clean up Guest registration
Lawn cutting Various office/computer
duties
Banking duties
Planting/weeding Customer service
Pool maintenance & clean up Escort RV parking
Agreed:_________________________________________
signature
__________________________________________
signature
Date___________________