W-R-O-N-G

Posted By: sia on 2009-07-23
In Reply to: it's not illegal to look for an IC that will work when THEY NEED THEM to. Why hire someone to wo - no name

I think the point is that if you need shift work done, you are hiring employees. Law is adamant that shift work is not contracted. It is hired.

Otherwise, why isn't everyone everywhere just an IC? Why should companies bother hiring employees at all?

I have MANY friends who are ICs in other professions (coding, graphic design, programming) and none of them - none - are required to work a shift. They are given a project and a deadline and left to their own designs until that deadline arrives for that particular project.

One COULD argue that we have different projects every day (say, 120 minutes of dictation equals a project) and a deadline of 12 hours.

But, I'm pretty sure that the repetitiveness of what we do, in addition to the other things that make us employees (i.e., using the software they mandate we use, learning specific things strictly for them in the form of account specifics, ad nauseum), the IRS might be really interested in.

You don't get to hire 200 people as ICs, give them set schedules, expect them to be available during said set schedule, require them to work on a specific platform with specific software under specific working conditions using concrete and unwavering instructions like account specifics and then not have to treat them like employees (and ESPECIALLY pay your portion of the taxes). You don't get to do that legally.

The only reason these companies ARE doing it is because not a single one of us is standing up to them, because we're isolated, ignorant of the laws, and/or afraid.

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The "NEW" IC status! - Frustrated!
- they cant "make you work certain hours" but they can find someone that is willing to work them - no name
  - Big Deal... more people should move - on from any MTSO that is requiring
    - it's not illegal to look for an IC that will work when THEY NEED THEM to. Why hire someone to wo - no name
      - W-R-O-N-G - sia
- IRS has guideline IC versus employee sm - darlene
- No this is NOT legal! If you report them to the IRS...sm - frustrated too
- What you are asking - May not be legal
  - But if you report them to the IRS, they will eventually stop - - Amanda
    - Well, how bout all of us that worked under these conditions - MTIAM
    - It keeps happening - kappy
      - If you report them to the IRS - Justme
        Nope, its anonymous. - MTIAM
        To what office/division to you file the report? - sia

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