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How many pages are you account specifics? sm - RoadRunnerMT

Posted: Mar 17, 2011

Just curious how many pages the typical or average account specifics are if there is an average. Mine is 54 pages for 1 facility, IC position, scheduled shifts. I don't think that meets the definition of an IC per the IRS. Do you have an IC position or employee?

Per IRS website........You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.

I think I would say definitely having account specifics of 54 pages would mean the MTSO controlling "what will be done and hot it will be done" and a strict schedule too. Anyone have experience with turning an MTSO into the IRS before?

ICs still have to follow what the account wants. LOL - Are you new to this job?

[ In Reply To ..]
What you are referring to about employers controlling how services are done refers to the company you are contracted with.

Each account still has to be performed to the specifications of the account and you will never find any IRS statement that contradicts that.

Talk about looking for a reason to sue or get out of job responsibilities! LOL

The MTSO does not control what is in the Acct Specs. These are - Client Wishes.

[ In Reply To ..]
This is the way the client wants their work to be done. You can not turn the MTSO in for passing along the client's wishes.

I agree that 54 pages is rather verbose, but I don't think there is anything that you can do about it (except maybe find work elsewhere if you truly find it intolerable).

Everyone has to follow account specs - ICs, employees, supervisors, etc.

# of specifications is totally irrelevant.Framing contractors - and subs follow the drawings they're

[ In Reply To ..]
given to work off of. That doesn't make them employees. The client specifies the product being purchased, and the contractor or subcontractor provides it or is fired and replaced.

Just because you are an IC does not mean you - sm

[ In Reply To ..]
can transcribe a report as you see fit. You have to follow specific guidelines, you have to be compliant with all HIPAA requirements, etc. You can't just do what you want with regard to an actual report. You have the leeway of setting your own hours, but you have to comply with client specifics, no matter what.

You Can Refuse To Work There - MT

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You can also refuse to work for the MTSO. You are working for a middle man, not the client directly. Nobody is forcing you to work there, and nobody is forcing you to be an IC. See?

SERIOUSLY? - mt2

[ In Reply To ..]
I'm trying to figure out if your actual point, rather than being about account specs, is whether or not you are correctly classified.

An MTSO says here's when I need MT coverage, here's how the client wants the work to be done. You get to choose if you can do it.

If you were the MTSO and the client gave you 54 pages of specs, what would your response be?

Personally, I'm an IC, a true IC who does not have my own clients but I work for MTSOs who say- here's the work, here's the specs, get it done. I decide when I work, how long I work, etc.

While MTSOs are still getting around treating MTs as ICs when they are technically employees, I have to figure those with any smarts have their butts covered legally. If I were you, I'd contact the IRS, explain your situation and ask THEM to define your classification.

The other side of the coin - - sm

[ In Reply To ..]
is that the MTSO makes up those client/account specifics to suit THEIR way of wanting things done and blames it on their client. I contract with two different companies - BOTH contract the exact same work for the exact same companies. Funny thing is Company A has ridiculous account specifics while Company B is very simple and nothing like Company A's demands. It 100% assuredly Company A directing how THEY personally want the work done - not the client; therefore, they are violating the IC IRS rule.

So before anyone says off that it IS the client putting forth the account specifics, you really don't know that for sure, now do you? If it's not, then the MTSO is violating the IC law.

and sounds like Company A wants to 'look' better than Company B to client. - good info, thanks for posting.

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.

yw - - sm

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The sad thing is, is that Company A is always having to change their "client specifics" taking out some of the "mandated" specifics they are so ridiculous on, of course all the while stating it is the "client" requesting this LOL.

And Company A uses a large chunk of those same "client specifics" on every account - go figure...

I just posted that to kind of show that companies aren't always honest and use this type of ruse to gloss over the fact that they are not IRS IC compliant.

An IC's client can be an MTSO or a direct provider. - Either case, the client rules. NM

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x

no said the client does not rule. but their specs can get - added to by MTSO nit picks.

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.

Only if they agree. If a client doesn't cover details, contractor - may suggest, but client choice rules. NM

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x

Reread the IRS paragraph. - RoadRunnerMT

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I am really tired of all these MTSOs mis-classifying MTs as ICs because who does it cost in the long run? It cost the MT because we are selling ourself short of benefits and paying our own SE taxes, Medicare, etc. It also hurts us when it comes to earning points towards Medicare, retirement, the works. Personally, the ones I have seen are only hiding behind IC status to their benefit and get out cheaper in the long run when technically they want employees without paying the benefits of employees. That is wrong and should be brought to the attention of the IRS. Bigger companies that are doing this correctly cannot compete either because they have more expenses to cover and cannot pay as well nor do the work for as cheap either where the MTSO doing this illegally can get out much cheaper.

Problem is, there is no one paragraph. Many of these - are being decided on a case by case basis.

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There is no one regulation or condition to point to and say, "Ahah! See?"

What is an IC? - Very unhappy camper

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I agree that these are being handled on a case by case basis. Was working for a big MTSO as an IC, was told that they were discontinuing ICs. Could not qualify for unemployment coverage, but appealed and WON!Unemployment said that my IC status was due to misclassification by the employer. Due to my misclassification, the MTSO has been audited to see if there were any others who were similarly misclassified. Now the MTSO has to pay $ for my unemployment, AND deal with the auditors findings, too, i.e., potential fines, etc.

If it walks like a duck, quacks like a duck, it is a duck, even if they call it an IC......

IC - peewee

[ In Reply To ..]
What is an MTSO?

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