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  1. #1
    Senior Member peezybro's Avatar
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    Ok, so i am a independent contractor and i am running into a few problems. I work at this only company and i got hired to update listings in there mysql and put car ads on used vehicle websites. But my manger is treating me like a employee. such as i asked to take an hour off work so i can to the dmv and he wont let me, nor wont let me take a week off work when i asked a month ahead of time. There paying me like a contractor. where i have to pay the 1099 i think? What rights do i have as a independent contractor? He yells at me for texting, he yelled at me for almost an hour cause, they were having me drive back and forth to the car lot just to take down checks, and they were giving me 10 bucks a week for gas, and i am driving 10miles round trip sometimes 4+ times a week. i asked the boss for extra gas money and i got bitched at cause im selfish for asking for more money and cause i didnt ask him. but he pulls the boss ****. but if i am correct i work for my self?

    any ideas on what i should do?
    "ON TIME, ON TARGET, NEVER QUIT"


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  3. #2
    Unpaid WDF Intern TheGAME1264's Avatar
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    If you're being paid like a contractor, you are one. That means you're only obligated to continue service for the duration of the contract (if there is one). If you want to take a week off, you take a week off. You don't get paid...you just take it.

    Now, if the client is treating you like an employee instead of a contractor, then you have two options:

    1) Ask to become an employee, with all of the benefits, etc. due therein.
    2) Walk away if your contract allows you to do so.

    I've had this happen on more than one occasion, and I just tell my client that I'm not an employee and not to treat me like one. If the client continues (and clients usually do), I find someone else to work with and terminate service once I do (usually takes 72 hours or less). I work with people, not for them...there's a big difference. Just make sure you've got a plan to deal with the loss of income.

    Some people just have ridiculous egos and anyone they give money to somehow becomes an underling. You cannot reason with or deal with people like that. I actually dropped a client just before Christmas because of this, and since then the former client has screwed over his best office employee, his best on-site job employee, his largest creditor, a couple of other suppliers, and probably a lot of other people I don't even know about.
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  4. #3
    WDF Staff Wired's Avatar
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    Does your contract stipulate that part of your job is driving back and forth? Does it state that they'll pay gas money? FYI if you have to travel for work IIRC there's a law (federal I believe) that states you should get $0.53/mile (which would pay for more than gas).

    As for time off, again it depends on the contract. Some contractors take vacations between contracts. Others take it in the middle (especially if they're multi-year contracts).

    The DMV thing - he's a jerk.
    The 1 hour yelling - he's a jerk.

    Is there an HR person you can talk to? Otherwise, look at your contract for escape clauses, get a new job, and then quit.
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  5. #4
    Senior Member Webzarus's Avatar
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    it's $.55 per mile as of Mar 1 this year.

    The yelling part, yeah he's a jerk. but here in the states we have laws and regulations to protect us from mis-treatment even as a contractor.

    Next time he starts on a yelling rant, turn on your cell phone recorder and let him rant, the longer and the louder the better. Then you have your contract OUT. There is not a magistrate that would hold you responsible for any contract, if you have this jerk on tape screaming at you. It's called a HOSTILE WORKPLACE, and even contract (1099 employees ) are protected from that.

    Also, there are regulations on what contract employees can be asked or required to do. You can set them a schedule of work, but it cannot be the same as paid employees, you can restrict time off, but you cannot deny time off with "reasonable" notice. Contract cannot be treated the same as paid employees, or what happens is if this goes to court for whatever reason, the judge will see it for what it is... a way for the employer to not have hire someone, put them on the books and pay unemployment insurance, medicare, etc... all the things he would have to pay for a regular employee.

    Now here's the thing that will get you. If you just walk off the job, you might as well never expect to list this as a job reference or it will come back to haunt you.

    If you need the money ( a lot of people these days do ), I would say to not leave, bear down, put up with it long enough to find another job, once you find something, give your current one 2 weeks notice, if they say anything about the contract, just point out that you've basically been asked to do an employees job but paid as a contractor so they could avoid paying all the required fees for an employee.

    Basically, do everything you can to live up to the contract, when it's up or when you choose to leave it's up to you.

  6. #5
    Senior Member peezybro's Avatar
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    thanks for the great information. The thing is i don't think i signed a contract, When i was hired i thought it was just another job. but then when my first pay check they told me i was a independent contractor. So i kinda got stuck with it.

    When i started my job was to update the database, do corrections to the website etc. then they just started adding things on. Now i am kinda like a assistant. where the boss has be making calls to other company's to work at his house.

    So if they are are paying for less then the miles i am driving should i stand up and ask for more and tell them about the .55cent a mile?

    i am currently looking for a new job, and hope i can find a new one pretty fast, its to the point where i am going to flip out next time he puts me down or yells.

    thanks again for the help and this will help me if i ever get another independent contractor job.
    "ON TIME, ON TARGET, NEVER QUIT"


  7. #6
    WDF Staff Wired's Avatar
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    In regards to the .55/mi: http://www.irs.gov/newsroom/article/...200505,00.html

    You're driving your car for business purposes, they should generally pay for it. Not quite sure how that works though in regards to deductions (e.g. they may be expecting you to do it as a tax deduction instead, etc.). I just know that when I had to drive my car to remote branches of a company I used to work for (and they were 100 miles away), I filled out a form stating as such and got extra cash in my paycheck (salary employee).

    Always know before you start if it's a contract or not. Contractors get paid higher than salary. Friend got screwed over in a similar fashion. They told him when he started with a company that it was hourly, but when he got paid 3 weeks later it was for the same rate, but as a contractor. Almost screwed him over with the IRS as well.
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  8. #7
    Senior Member peezybro's Avatar
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    that is what they are doing to me. told me my hours, and that i get back $13 an hour. then after the first week i was told you will get paid next Friday (i guess they hold one week?) and then they told me i was a contractor and i had to do a 1099 etc. witch confused me cause i did not even know what a independent contractor was then.
    "ON TIME, ON TARGET, NEVER QUIT"


  9. #8
    WDF Staff Wired's Avatar
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    Talk to whomever got you the job (HR, external recruiter, etc.) and ask for a copy of the original paperwork.
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  10. #9
    Senior Member peezybro's Avatar
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    i will try and get the copys tomorrow. luckily my "manger" will not be there tomorrow so i can ask without having to worry about getting yelled at or what every he would do.

    its pretty funny cause he brings weed the to job. like cause he has a card. but he told me he had weed cookies and a blunt in his pock. witch is not right in a work place.
    "ON TIME, ON TARGET, NEVER QUIT"


  11. #10
    Unpaid WDF Intern TheGAME1264's Avatar
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    An angry pothead? That's so not part of the culture.

    I think the card you're referring to is called a compassion card. A friend of mine who lost the use of his left arm in a motorcycle accident has something similar...it's a card issued by a doctor that he can give to the cops or anyone else who catches him with it, and it lets them know that he uses the weed to deal with the phantom pain he feels. With a left arm in a sling, it's pretty much a given that he's not going to get questioned further.

    As far as the other things you described, the only thing I can say is "welcome to the workplace." Many bosses/managers/business owners are like that. They always find someone to put up with their crap, but it doesn't have to be you.
    If I've helped you out in any way, please pay it forward. My wife and I are walking for Autism Speaks. Please donate, and thanks.

    If someone helped you out, be sure to "Like" their post and/or help them in kind. The "Like" link is on the bottom right of each post, beside the "Share" link.

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