You chose IC status. Your responsibility. nm

• Need help with former IC vs Employee issue - OldFLMT
  • You chose IC status. Your responsibility. nm - elaineS
  • What I am wondering is how were you able to file your taxes without a W2 or a 1099 if you took deduc - Charlene
  • Can of worms?? - Patti
  • At the end of the year did you get a 1099 or a W2 - Charlene
  • it seems to me - sm
    • Where is MTs responsibility in this? Is it always - someone else's fault? nm
      • okay - this is what confuses me - Charlene
        • OP knew she was IC. Just feels bad cause now found out all - others were empl. and she was never told she was o
          • she was never told she was only IC. - She thinks they were "using" her. nm
  • Good example how MT assumes co. is looking - out for best interest of MT. SM
    • Also why you should insist on having a contract. - sm
  • You worked, they paid. You took deductions. - Nothing illegal here. Check next time. nm
    • Not so sure... - KatieSue
      • oops.. Wasn't "there" a major lawsuit :) - KatieSue
        • Find us the details of this lawsuit. - nm
          • IC vs Employee lawsuit - margi
            • IC vs Employee - margi
          • details.. - KatieSue
            • Thanks - nm
      • She worked all those years with no complaint. - How is that co. fault? nm
        • I repeat....... - KatieSue
  • You were happy with them til now. Not their - prob you didn't check this prior. nm

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I'm sure this has been asked a million times, but I am an IC and I am thinking of going to employee status to get benefits.  My husband will be self-employed in 2 weeks and we will have no insurance or anything.  I love the freedom of being an IC but need bennies.  We have no kids but probably will in a year or two.  Would like to know who has done the switch and if you regret it.

Thanks

Everyone has made a bad decision at some point in their lives.  That doesn't mean that we deserve to be killed because of it.  The responsibility lies with the criminals.  They are the ones who do the bad things to innocent people.  How many girls are kidnapped and raped who aren't out drinking?  Many.  Why not talk about the parents of the suspected boy?  Where does their responsibility lie?  We are criticising Natalee's  mother, but what about this boy's father?  How could you hide information about your son's actions when he has possibly killed someone? 

Your mentality is lacking.  If you get in a car and drive to work, does that mean you are just asking to be killed in a traffic accident.  And if you are, people should just say Oh well, she chose to drive!  That's what she gets. ????

I always wanted to work in the healthcare field, but did not necissarily want to be a nurse or doctor.  I can handle the blood and guts....that really doesn't bother me one bit.  It's the vomit that I can't take.  Have a major problem with it.  So, in being a transcriptionist, I get to work in the medical field and learn a lot.  I get to type a lot...which I love to do.  I get to work from home, which is great because I have a son and I can be here when he gets home from school.  I am a fairly shy/introverted person, so this job works wonderful for me because I can do it from my home and do not have to deal with people face-to-face every day.  I put in many years of working retail, customer service, and waitressing.  Then, I finally decided to go to school for this.  I have been happy ever since.

I was working as a paramedic and knew if I worked at home as an MT I could still take calls. My training was medical, from my paramedic courses. Ended up working in house first though, and at various places such as the Coroner's office. I also worked as a medical assistant and did transcription on the side. I ended up getting a small account of my own and when my daughter was born, I decided to go for completely home-based work. Ended up actually owning my own MTSO and making very good money. It was the best thing in the world to be home with my kids but after watching the field very closely, I've decided to go back to school. I've got one year left in a Bachelor's of Nursing program. I'm in school full time but since I only have to run my company to get a salary, I'm managing it. My plans are to go on to a Master's so I can be an advanced practice nurse. Looking back -- I still would have done it this way. I actually enrolled in nursing school 20 years ago but dropped out due to health reasons. I'm mostly glad I was home with my kids and had the opportunity to make a bunch of money to sock away so I had choices...like school now.

to mom to not ever put  her in a nursing home as a young 20-something. As an only child, I followed and kept that promise.

I cared for her for 6 years. It should have been more but I didn't realize she was going downhill so fast. I was very stressed out in her later years as she started to develop a lot of problems including memory problems,  but when I look back, I would NEVER, EVER, change my mind. She was happy here with us and although she was having a lot of problems, the only thing I wished for was for her to be comfortable and happy. (She was in a nursing home temporarily for 2 months after she broke her hip and was very unhappy. This was sort of a test to see if she would like it, but she didn't.) I did everything necessary to make her comfortable in her last years.

 It was hard, but I kept my promise even though every doctor told me to put her in a nursing home. Thank heavens, I worked for a great company that understood and allowed me to take as many breaks/days off as I needed to care for her.  I would never have changed a thing even though I got very worn out during the end myself because she was almost totally bedridden. Still, I loved my mother with all my heart and still miss her even though she died 6 years ago.

 I only hope my children would do the same for me unless i have Alzheimer disease. If a parent is unhappy at a nursing home, by all means do what is necessary to make their last days happy. After all, they raised us, and we should return that love.

You need to be patient, be a nurse, doctor, etc. for an elderly parent and if there is none, it could be very, very "unhealthy" for the parent and the child, but I feel we need to make sacrifices for  our parents happiness in their later years as they sacrificed for us in our early years. After all, they are the only parents we had, andI I have NO regrets, knowing I did the best I could for her.

Sorry to ramble. I'm still grieving. I wanted her to live to be 100 if possible.We were really close all our lives.

When I trained 13 yrs ago.  I looked at them both.  I ordered the first packet of AHP and I didn't like the way it was presented and sent them back because I could get my money back within a certain time.  I really liked the HPI-SUM program syllabus.  I liked it particularly because it seemed like more work and was harder.  I knew that this job could not possibly as simple it was presented with AHP and I was right.

I never have worked in house for anyone. I have been at home for 12+ years and I do quite well with accuracy, speed and scope of knowledge.  Of course, there are still a lot of things I don't know and I'll learn a lot of them over time, I hope.  Which brings me to the last point, that being no program is really going to prepare you for this job and even with training, there is no guarantee you'll ever be able to make a living at it.  AAMT (or whatever they call themselves today) stated that something like $26K was the average yearly wage for an MT.  Given that many of us do ohhh so much better than that, there have to be plenty who don't come near that figure.  HPI-SUM stated in their packet that 60% of the people who complete their course will not be successful MTs and I have heard that figure about other courses too. Success for me means making a full time income for full time work at around the $25K a year mark (though I do better, that was my goal then).  I personally know 5 other MTs who don't make $12K a year for full time work, that is not success when every one of them has been an MT for 5+ years.

However...there is no reason you are not part of that 40% who WILL succeed!  I was.

Do you have any better idea?

They offered a job.  They are not producing the goods.  They don't return phone calls and they don't have any policy manuals for employees or contractors.

There is no other way to ask the question.  They brought us to this place through their misrepresentation of facts.  The fact is they offered work.  So why shouldn't they be looked at for unethical work practices?  I was looking for a job, they offered one.  It's not my responsibility now to go look for another job.  They need to reply as to why there is no work.

what please is the difference in ability to connect between:

802.11 a/g/n (cannot remember if it was wireless)

802.11 a/b/g wireless

802.11 b/g wireless

..................

Re speed, I saw somewhere the a/g/n is 5 times faster, true?  or is the speed in the gHz or in the hard drive rpm...????

I would really really appreciate some input, and thanks.

for myself?  Geez, the service was bad-mouthing ME to the client as the reason the TAT was not being met.  And the MTs were given contact numbers for the client accounts we worked on.  The service expected the MTs to contact the client with problem issues like faulty tapes and inaudible dictation.  They also allowed the clients to contact the MTs directly.  The supervisor didn't want to deal with the clients unless they were happy. 

I simply did what I had to do.  And for your information, a company CANNOT withhold payment for a service unless that service was not performed.  I performed my service, I typed my lines, and I expected to get paid for the work I did.  I took them to court and the MTSO LOST!  Business is business.  The judge actually told the service that they may not like that I took the account from them, but they still had to pay for the lines I typed when I was contracted with them.  End of story.

I'm not losing any sleep.  I don't think what I did was unethical.  What the service did was unethical.  Trying to throw me to the wolves.  What I did was just good business sense.

An employer should constantly evaluate the employment status of its workers to ascertain if any of them should be reclassified from an independent contractor to an employee. Misclassifying a worker could end up being quite costly in terms of time, money, and resources. If an employer is forced to reclassify independent contractors as employees, the payment of back taxes, penalties, and interest could create major financial problems. Ultimately, the risks of incorrect classification are borne by the employer. 

These factors should be used as indicators to determine whether sufficient control exists for a worker to be classified as an employee. However, they should serve only as a guide. They are subjective in nature, and each factor may not be present in all situations. Moreover, the weight apportioned to each one is not always constant. No single factor can determine a worker's status; all must be used in conjunction with each other to assess whether sufficient control is present to establish an employee-employer relationship. They are as follows.

1. Instructions. If the person for whom the services are rendered has the right to instruct the worker how, when, and where to work, then the worker is ordinarily an employee. This control factor is present if the employer retains the right to require compliance with the instructions, irrespective of whether the employer actually exerts the right to control. The instructions can be either oral or in the form of manuals and/or written procedures that state the details and means in which the result is to be achieved. In contrast, an independent contractor is responsible only for the end result.

2. Training. An employer trains workers by requiring them to work with experienced employees, holding training meetings, corresponding with them, or any of several other methods. By training a worker, the employer explicitly or implicitly states that the services to be rendered must be performed in a particular manner. The employer demonstrates a right to control by teaching the worker to achieve the desired results in that manner. Independent contractors, however, use their own methods and means to obtain a result and do not receive training from an employer.

3. Integration. If a worker's services are integrated into the business operations, then the worker is generally subject to direction and control. When the success or continuation of a business depends to an appreciable degree on the performance of certain services by a worker, those services are assumed to be subject to a certain amount of control by the employer.

4. Services Rendered Personally. The requirement that services must be rendered personally by the worker indicates that the employer is interested in the methods used to accomplish the work as well as in the result. Generally, inability to delegate the services to another individual indicates that the employer controls the details and means by which a result is to be achieved.

5. Hiring, Supervising, and Paying Assistants. if the employer hires, supervises, and pays a worker's assistants, then the employer has control over those assistants and the worker should be considered an employee. However, if the worker hires, supervises, and pays his own assistants and provides the employer with materials and labor under a contract in which the worker is responsible only for the results, he is an independent contractor.

6. Continuing Relationship. Continuous interaction between the worker and employer indicates an employee relationship. Such a relationship may exist in which work is performed at frequently recurring, though irregular, intervals.

7. Set Hours of Work. Establishing certain hours in which a worker is to perform a job indicates an employer's control. The fact that an employer can dictate a worker's hours is indicative of an employee relationship.

8. Full Time Required. If a worker must devote full time to the employer's business, the employer has control over the amount of time the individual actually spends working and, by implication, restricts the worker from performing other gainful work. In contrast, independent contractors are free to work when and for whom they choose.

9. Doing Work on Employer's Premises. Workers required to perform their services on the employer's premises when the work could be performed elsewhere are under the employer's control, which is beyond that which would ordinarily be exerted over an independent contractor. The importance of this factor depends on the nature of the services involved and the extent to which an employer generally requires its employees to perform services on its premises. Control over the place of work is indicated when the employer compels the worker to travel a designated route, canvass a territory within a certain time, or work at a specific place.

10. Order or Sequence Set. If an employer has the right to indicate the order or sequence in which work is to be performed, then the worker is probably an employee, particularly if the same results can be achieved in a different order or sequence.

11. Oral or Written Reports. The requirement that a worker submit regular reports to the employer can indicate a degree of control. It means the worker must account for his actions on the job to the employer.

12. Payment by the Hour, Week, or Month. When a worker is paid by the hour, week, or month and such payment is guaranteed, whether or not certain results are achieved, the worker is generally an employee. In contrast, payments made by the job or on a straight commission basis generally indicate that the worker is an independent contractor.

13. Payment of Business and/or Traveling Expenses. The IRS is of the view that when an employer pays a worker's business or traveling expenses, the worker is ordinarily an employee. Conversely, a worker who is paid on a job basis and must pay all incidental expenses is generally an independent contractor. Another issue to consider when evaluating this factor is the agreement between the employer and worker as to how such expenses are to be paid.

14. Furnishing Tools and Materials. If the employer furnishes tools, materials, and other equipment for a job, this indicates that the worker is an employee. Independent contractors ordinarily furnish their own tools and materials. In determining what the classification should be, the value of the tools and materials supplied to the worker should be considered as well.

15. Significant Investment. A significant investment by a worker in the facilities used in performing services for another is a factor that often establishes an independent contractor relationship. Conversely, the lack of investment in facilities indicates a dependence on the employer for the facilities--which means an employee relationship exists. The rationale is that whoever provides the equipment necessary to perform the services controls the use of the equipment.

16. Realization of Profit or Loss. A worker who stands the risk of suffering a financial loss or realizing financial gain as a result of providing services to the employer is generally an independent contractor. In contrast, a worker who has no risk of financial loss is usually an employee.

17. Working For More Than One Firm. If a worker performs services for more than one unrelated person or firm at the same time, it generally indicates that the worker is an independent contractor.

18. Making Services Available to the Public. Workers who make their services available to the general public on a regular and consistent basis are usually independent contractors.

19. Right to Discharge. Employers generally possess the right to discharge only employees. The threat of dismissal demonstrates a degree of control over workers. In contrast, the IRS's viewpoint is that independent contractors cannot be fired unless they violate the terms of the contract for services rendered.

20. Right to Terminate. If the worker providing the services can terminate the relationship with the employer at any time without incurring liability, an employee relationship usually exists. Conversely, an independent contractor engaged to accomplish a task or provide a service may incur a legal liability if the relationship is unilaterally terminated before the results of the task are accomplished.

These 20 factors may not always be appropriate for determining a worker's employment status, especially in the case of a professional, such as a physician, lawyer, or dentist. Control may not be the dominant issue in determining a professional's employment status. Revenue Rulings 72-203 and 66-274 state that other factors should be considered when determining the employment status of a professional, taking into consideration the skill required for the task, the intent of the parties involved in the employment relationship, and the custom in the industry.

Have been an IC-MTSO for close to 20 years.  Deduct my office part of the house, phone, internet, cell phone, mileage for anything work related including banking, errands,  (of course  I pick up and deliver and that give me a $5,000 write off), medical insurance payments, retirement contributions,  supplies,  partial utilities.   Start out with 50 to 55K and pay my SS taxes on 12 to 15K.  To me it is well worth it.  I always over withheld from my husband pay check or just paid the small penalty at the end of the year but you can do quarterlies.   I went to a tax guy for one year saw how he did it and then just bought Turbo Tax and followed him.   Works well for me.   Sure his fee is deductible but you still gotta pay it.  I prepared so much for him that I felt I could just as easily plug those figures in as his "help" so that is what I do.  Any more questions, youcan e-mail me at pjsword @aol.com.

Patti