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Unfair Employment

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paigepuk

Junior Member
What is the name of your state (only U.S. law)? GA

Okay, i worked for a 1099-"independent contractor" Housekeeping business for a little over a year..
Just a small business we never had more then like 10 employees at one time. BUT the employer was AWFUL . for a few months the pay was like 10$ hour but you pay for ALL the supplies, AND gas to all your sites. somedays it could be that you were driving to 5 different houses. but she says to keep receipts so i can turn them in with my taxes, then pay changed to splitting the money with other employees whos on the jobs... so say she has a 200$ move out cleaning there 3 people per move out.. should take around 5-6 hours to finish. she would SUBTRACT THE AMOUNT WE USED IN SUPPLIES THEN Divide thatby... well let me just show you .. So 200(cleaning) - 25 (supplies) = 175 / 2 = 87.5 then she would keep her 87.5 then divide the other 87.5 by 3 (# of workers at job) = 29.16$ (she would round down) so 29$ for 5-6 hours of filthy work.. she would bid low so she can get it.. but then it screws employees over.. i worked once by myself from 8 am to 11pm and she paid me 100$ now aside from pay , she would tell someone to come do an interview and if she didnt like there work after 2 or 3 hours shed tell them to leave and not pay them.. there would be jobs that we would start on or finish and the people never came back to pay for the job so she didnt compensate anyone anything of 5 6 hourssss of work.. shes made people cry by being so harsh, shes made employees pay for (tubs/shower, lights, blinds) because they messed them up on the first day after no training.. one lady messed up a tub and the homeowner wanted it replaced so the employer fired her and told her she needed to pay for it and this lady said she couldnt so she just never got paid for that days of work the employer took it and put it towards a new tub... idk. i feel like this just isnt right.. i need some advice.. i could get at least 50 people who could tell you the same... shes awful and unfair!
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? GA

Okay, i worked for a 1099-"independent contractor" Housekeeping business for a little over a year..
Just a small business we never had more then like 10 employees at one time. BUT the employer was AWFUL . for a few months the pay was like 10$ hour but you pay for ALL the supplies, AND gas to all your sites. somedays it could be that you were driving to 5 different houses. but she says to keep receipts so i can turn them in with my taxes, then pay changed to splitting the money with other employees whos on the jobs... so say she has a 200$ move out cleaning there 3 people per move out.. should take around 5-6 hours to finish. she would SUBTRACT THE AMOUNT WE USED IN SUPPLIES THEN Divide thatby... well let me just show you .. So 200(cleaning) - 25 (supplies) = 175 / 2 = 87.5 then she would keep her 87.5 then divide the other 87.5 by 3 (# of workers at job) = 29.16$ (she would round down) so 29$ for 5-6 hours of filthy work.. she would bid low so she can get it.. but then it screws employees over.. i worked once by myself from 8 am to 11pm and she paid me 100$ now aside from pay , she would tell someone to come do an interview and if she didnt like there work after 2 or 3 hours shed tell them to leave and not pay them.. there would be jobs that we would start on or finish and the people never came back to pay for the job so she didnt compensate anyone anything of 5 6 hourssss of work.. shes made people cry by being so harsh, shes made employees pay for (tubs/shower, lights, blinds) because they messed them up on the first day after no training.. one lady messed up a tub and the homeowner wanted it replaced so the employer fired her and told her she needed to pay for it and this lady said she couldnt so she just never got paid for that days of work the employer took it and put it towards a new tub... idk. i feel like this just isnt right.. i need some advice.. i could get at least 50 people who could tell you the same... shes awful and unfair!
Other than leaving the business, there isn't much you can do because you agreed to be independent contractors. You can try to get the IRS to rule that you should have been treated as employees (by filling out an SS-8 and sending it in). If the IRS rules that you are employees, then if she was paying you less than minimum wage when all was said and done, you could get her in trouble for both the misclassification and the fact that she paid you less than minimum wage.
 

PayrollHRGuy

Senior Member
You used the words employee, employees, employer and employment several times in your post. You weren't an employee you were an independent contractor. Most of the laws that protect employees don't apply. While there is a reasonable chance you were misclassified you agreed to to be an independent contractor so until you get the IRS or some state agency to say you are misclassified you are a contractor.

You also seem to be a contractor that isn't very good at figuring out the costs of the jobs you contract to do. As a contractor you can negotiate your contract when you want and if not successful you can choose to no longer do the work.
 

Zigner

Senior Member, Non-Attorney
You used the words employee, employees, employer and employment several times in your post. You weren't an employee you were an independent contractor. /QUOTE]

Based on the description of the job, I don't think it's quite so cut and dry.
 

PayrollHRGuy

Senior Member
I don't either. But, like I said, until the OP gets IRS or some other state, or for that matter federal agency do say he is misclassified he is what he is.

The fact that he has to pay for for his on tools (in this case cleaning supplies) actually hurts his case that he isn't an employee.
 

Zigner

Senior Member, Non-Attorney
I don't either. But, like I said, until the OP gets IRS or some other state, or for that matter federal agency do say he is misclassified he is what he is.

The fact that he has to pay for for his on tools (in this case cleaning supplies) actually hurts his case that he isn't an employee.
...and not being able to set their own hours, etc., helps.
 

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