Misclassified as independent contractor rather than employee

Discussion in 'Trucker Legal Advice' started by diesel engine, Feb 7, 2017.

  1. diesel engine

    diesel engine Light Load Member

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    Post companies here you know of that are taking advantage of us drivers and classify us as independent contractors rather th as needed E M P L O Y E E S! !!!!!
    UNITED ROAD
    SUPREME TRANSPORT
    FLEET CAR CARRIERS

    go!
     
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  3. TruckerPete1990

    TruckerPete1990 Road Train Member

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    All I can say is lol... you know what your getting into.. when you don't make money then you all get sue happy.
     
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  4. Ridgeline

    Ridgeline Road Train Member

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    Why would you say this?

    AND please don't go to the standard cliche that 1099 is illegal, that's both not true and is bs.
     
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  5. rogueunh

    rogueunh Road Train Member

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    At what point, did you realize you were being classified as an Independent contractor, and not an employee?
     
  6. diesel engine

    diesel engine Light Load Member

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  7. CasanovaCruiser

    CasanovaCruiser Road Train Member

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    Before you start that crap lol - FedEx Ground drivers are all employees of contractors. W2. Taxes taken out. That is policy.
    The benefits vary by contractor, some have none, some have great options, most are just average. No worse than your average otr mega though.

    As said before, questions you should know to ask before even applying.
     
  8. tech10171968

    tech10171968 Medium Load Member

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    And you would be 100% correct. A 1099 is NOT "illegal", and I don't know why people say that.

    What IS illegal, however, is paying someone as an independent contractor when their duties clearly define them as an employee. It's a form of tax evasion on part of the company, and Uncle Sam takes a dim view of people cheating him out of his money.

    A lot of small-business employers out there are definitely skirting the rules on this: https://lessaccounting.com/blog/w2-vs-1099/

     
    Last edited: Feb 9, 2017
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  9. Gunner75

    Gunner75 Road Train Member

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    What exactly constitutes suites of an employee
     
  10. DUNE-T

    DUNE-T Road Train Member

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    Lol you can list probably tens of thousands names over here
     
  11. tech10171968

    tech10171968 Medium Load Member

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    I provided the link because I am not an accountant, and the full explanation is likely beyond the scope of the forum. However, the part I quoted is a pretty good rule of thumb on the subject. If you can answer "Yes" to two thirds of those questions, and your employer is paying you as a contractor, then you may want to seriously re-evaluate whether the company you drive for should be giving you a W-2 or a 1099.
     
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