You have to be prepared to do battle if they challenge you. - echomt Posted: Oct 28th, 2015 - 7:28 pm In Reply to: My gosh, where did you find companies - MT
For me, I decided I was willing to take the consequence of any illegal action they would take that would cost me my contract with them following which I will turn them in to the DOL and the IRS and create the nightmare they should all dread but many do not because they really don't get what they're up against if they come under investigation. Many of these companies are cheating, and were they to be challenged on their IC designations and lose the battle, many would likely be forced into bankruptcy. They would be facing huge fines and potentially years of back wages and taxes. Back taxes alone could run into the tens if not hundreds of thousands of dollars depending on the number of employees involved and the amount of time the company has been cheating them and the IRS out of the benefits and taxes they should have been paying. Back taxes also involve penalties and interest, and none of the taxes or penalties and interest can be discharged in bankruptcy.
If a company advertises for independent contractors, then I take them at their word and I act accordingly. I don't make an issue out of their demands during the hiring phase, so if they are saying they need coverage during the evenings or such and such a time and I feel I can usually make myself available for that then I tell them so and I endeavor to make myself available during those times. However, when push comes to shove, if I'm needing or wanting to do something else on any given day or evening I just do it. I don't ask permission, I just go. If they want to roll the dice and cancel my contract because of it, then I am willing to take the hit and then put them in the position of having a great deal of explaining to do to the powers that be knowing that said powers are also getting fed up with the way companies are taking advantage of the IC classification and are more and more prone to doing something about it. You have to be willing to take the initial hit, though, and I am.
These MTSOs are cheaters, and they're not going to do the right thing simply because it's the right thing to do. Therefore, the rest of us have to be willing to just act in the manner we should be able to as ICs and be ready to take the hit and lower the hammer if the MTSO acts unfairly.
The whole issue is easily negotiated anyway. All any MTSO has to do is put minimum production requirements in place. It's then up to the contractor to determine what time of the day or night and what days of the week during the pay period they are going to work to meet their production quota for that pay period.
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