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employer issues
was wondering if anyone could give me a bit of advice.
here is the sum of the situation. about a month ago i left the spa i was "contracted" with because the owner went back on a few of my invoices for insurance massages and added work that i hadn't done, at that point i had asked if she planned on billing it that way. ( i belive it had already gone out in the original form) either way she has informed me that i will not get paid and that i knew i was taking a risk.
let me back up a moment, when we first started accepting insurance ( i had never done this before) she told me that auto will pay and i didnt need to worry about that. the auto came back discounted and at that point she began adding services.
after all of this i went through and just on the auto that was supposed to be paid im out $1100 of which i have recieved 138. just yesterday she informs me that i have a book of hers and if she doesnt get it she will take the full price of it out of my next check.?. i then said that wasnt right. at which point she tells me i am unprofessional and she will be filing a formal complaint against me.
this is very summed up, but i have been googling and trying to figure out what i should do or can do.
the reason i say "contracted" is she didnt have me sign a contract ( i know bad should have figured that out right then) it was a 50/50 split and all i supplied was my cream because i dont use oil and thats all she offered. now i had no control over what i did how i did it exept during my sessions. i didnt handle any money and she paid me weekly. i dont think thats and independent contractor.
anywho if anyone has any thoughts or advice i would greatly appreciate it.
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Replies to This Discussion
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Permalink Reply by Relax & Rejuvenate on
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Wow...where to start
1) What state are you in?
2) do you have anything at all in writing, including the 50/50 split?
3) if you are a contractor, in possession of someone else's property, it is an issue for small claims court, not the board of labor
4) Did you have any duties not related to providing treatments?
A couple of things to remember -- "contractors" and their handling are governed by years of contract law in the construction and related trades industry. It is customary for one party to bill the clients; the "general contractor" or business owner, who then pays the sub-contractors on a frequency negotiated in each contract. So her handling the $$ and paying you weekly means very little.
"i had no control over what i did how i did it exept during my sessions." Actually, this works against you. You are an MT, the "work" you are contracted to do is massage therapy -- having control over your sessions means your work was not directed as to its means. Filling out forms a certain way, complying with other standards incidental to the actual work (like greeting clients a certain way or following administrative procedures), even wearing a uniform is perfectly legit.
Think of this example...when I ordered DIRECTV, a local sub-contractor did the installation. He wore a DTV logo'd shirt, had me sign a DTV logoed work order, drove a truck with a DTV logo on it and even wore shoe covers when in my house and showed up at the appointed hour like DTV promised he would. But whether he put the dish on the side of my house, in the yard on a pole or on the roof -- the WORK he is specifically contracted to do -- was up to his discretion.
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Permalink Reply by Melissa Rainer on
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thanks for the feed back, i was required to be there by her set hours i cleaned and took appointments so i was also at the front desk when i wasnt working on massages. that was the only time i was in "control" i suggest that i was an employee based on the IRS ic vs employee information.
I am in michigan.
Relax & Rejuvenate said:Wow...where to start
1) What state are you in?
2) do you have anything at all in writing, including the 50/50 split?
3) if you are a contractor, in possession of someone else's property, it is an issue for small claims court, not the board of labor
4) Did you have any duties not related to providing treatments?
A couple of things to remember -- "contractors" and their handling are governed by years of contract law in the construction and related trades industry. It is customary for one party to bill the clients; the "general contractor" or business owner, who then pays the sub-contractors on a frequency negotiated in each contract. So her handling the $$ and paying you weekly means very little.
"i had no control over what i did how i did it exept during my sessions." Actually, this works against you. You are an MT, the "work" you are contracted to do is massage therapy -- having control over your sessions means your work was not directed as to its means. Filling out forms a certain way, complying with other standards incidental to the actual work (like greeting clients a certain way or following administrative procedures), even wearing a uniform is perfectly legit.
Think of this example...when I ordered DIRECTV, a local sub-contractor did the installation. He wore a DTV logo'd shirt, had me sign a DTV logoed work order, drove a truck with a DTV logo on it and even wore shoe covers when in my house and showed up at the appointed hour like DTV promised he would. But whether he put the dish on the side of my house, in the yard on a pole or on the roof -- the WORK he is specifically contracted to do -- was up to his discretion.
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Permalink Reply by Emmanuel Bistas on
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If she used you as administrative support you are definitely an employee per the IRS, but that would be the least of my worries. Why did she change your invoices? if she is going to bill the new items she is committing insurance fraud, if she exaggerating her expenses she is cheating the IRS. Personally I would feel very uneasy working there.
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Permalink Reply by Lucianna Johnston on
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Going forward always have a written agreement that you both sign. Also, if you haven't already moved on I think you should. It doesn't sound like the best place for you. Really only things that are documented can be proven. Anything that is he said she said is just going to be chalked up as a good lesson for you. I'm guessing you don't want to get an attorney in which case you may just have to walk away from the situation lesson learned.
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To add to that.....sounds like there is a serious lack of integrity in her documentation so it sounds very shady....
Lucianna Johnston said:Going forward always have a written agreement that you both sign. Also, if you haven't already moved on I think you should. It doesn't sound like the best place for you. Really only things that are documented can be proven. Anything that is he said she said is just going to be chalked up as a good lesson for you. I'm guessing you don't want to get an attorney in which case you may just have to walk away from the situation lesson learned.
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Permalink Reply by Sreed on
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This is an article of the irs website, that can help you.
Common Law Rules
Facts that provide evidence of the degree of control and independence fall into three categories:
- Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
- Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
- Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another.
The keys are to look at the entire relationship, consider the degree or extent of the right to direct and control, and finally, to document each of the factors used in coming up with the determination.
(http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
If you feel that you are misclassified you can file the Form SS-8, it isn't anonymous, but they will be able to tell you if you were indeed a contractor or an employee. And if she gives you a 1099-misc you can file the Form 8919 to get her to pay on the unpaid Medicare and social security taxes. Good luck! I am dealing with this now with a past employer, this is one of the few things I dont like about this industry, business owners take advantage and the therapists get screwed in the end.
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