Detention for accident

well neither am i an attorney, but i watched a lot of Perry Mason, Matlock, and LA Law.... and Captain Kangaroo.....

but seriously, if i read it correctly, to be a 1099 driver (or other worker) , THAT person MUST estabish HIS OWN COMPANY, then go to work for a trucking company, UNDER his personal company name..??

something like, "Paul's Services", or "We drive for you"...etc,,,etc...

THEN it would seem to my reading, it is a legit 1099 employee, WORKING for another person....


here's what i mean:

1) Independent contractors are not employees of the company. They are often small business owners who hire out their services. The companies they work for are clients, not employers.

2) No taxes are withheld from their paychecks. Independent contractors are strictly work-for-hire and as such are responsible for paying their own taxes and in some cases their expenses as well.


so now, i think that anyone wanting to work as an "independant 1099 worker", should go see a CPA and set up a company name, or Co. or Inc, or LLC,,,,,,,,,,

THEN get a job as a driver (or other worker) someplace, and the paychecks get deposited into a business checking account.......that should all be (from what i read) a 100 % legit 1099 worker from that point on


however, how many actually do any thinking when it comes to driving trucks under the guise of a 1099 worker, when so many are in a darned hurry to get a job, after being turned down by DOZENS of employers (for whatever reasons) and thse people turn to 1099 work.

heck so many are in a darned hurry to get into a lease deal nowadays......

and look at how many come here for help to get out, or cry to us about their troubles....

 

No!
You can call them.
But it probably won't do any good. You also need proof.
And if its ever found out it was you...say because you posted it on a forum...or some other way....good luck ever getting another job!

 

i am wondering that if he called the IRS, they might go back and MAKE SURE he paid his taxes.......i wonder if he could get hit with a HUGE tax bill, with tacked on interest......???

 

Way back when I was doing Recovery (repossessing trucks) and during the time I did some drive-a-way I was an independent contractor and was paid via 1099. The company handled my legals and in the case of the recovery, most of the time helped me get to the equipment. I'm with what was posted earlier. I don't think it is fully legal to abuse the independent contractor rules to avoid regulatory compliance issues when it comes to hiring someone. If they are operating YOUR equipment they are YOUR employee. That's my none legal opinion.

 

You are correct!
Everyone wants to own a truck and a trucking company...until they actually own one and realize that it is a lot of work, and the bags of cash don't just magically start falling on their feet. Most people would be better off staying an employee, or if you want to be truly self employed, drive and save money, then buy a used truck and trailer, and get jobs with them. But likely best you not get terrible paying freight jobs with a van style trailer...maybe something like hauling gas and diesel to independent stations and farms type of thing...or buy a tri drive and tridem end dump and haul material from sand, to salt, to scrap metal, or even snow depending upon where you are. Just leasing a tractor and hoping for a few van loads to some warehouse or store is not really going into business. The lease company is doing the real business, you work for them basically. First step is go identify where you can get a good haul from. Step two is buying the appropriate truck to do the work. Today alone I have an owner hauling crush gravel for me, another hauling fuel for me, and a self loading logging truck hauling logs for me. Yes I have two tractor owners pulling my end dumps as well, but they also own a trailer and work that to. They are actual owners, not in the fanciest new shiny trucks, but in this business to make money, so practical trucks, and because up here 95% of trucks are tri drives, they both bought try tri drives to be competitive. They haul with their own trailers when they get work for them, and drop those and pull trailers for myself and three other companies when needed. They are doing well, debt free, and saving money towards either doing a full overhaul on their trucks in the future, or buying another truck someday. How a proper business should be run, and not just the Wing and a Prayer method so many use. Its not a mystery why many go bankrupt, and yet others do very well. Planning, execution, and yes owning the right truck and trailer. Anyone who just shows up in this area with some hwy queen show truck with massive sleeper and tandems, would be laughed at by every company in town....heck every company within a 3 hour driving radius of town. A rugged tri drive that can haul down a gravel road, day cab, full lockers, and a driver piloting it with the skills to handle our roads, will do good even if he is reliable and polite. Have a bad attitude or don't show up on time as promised, and word spreads like wild fire, you're done.
But complaining to the IRS because you don't like your situation is really pathetic in my opinion.

 

In the case of a 1099 situation, the carrier is not responsible for that 7% FICA co-matching that is required. If the IRS later rules the 1099 to be illegal as long as the driver has taken care to file a 1040 and is paid up with their 7% FICA they should be OK. It will be the carrier that has to pay up their part of that 7% FICA they must pay. Then the IRS can and in the case of finding intent to defraud might not only seek interest they might go after someone criminally.

 

not legal my drivers have several accidents i have never charge 5 cents to the driver that is why we paid insurance every month if i was you i change company to work for !!! good luck to you brother

 

Oh most likely they will look into him first. Often the person who complains is doing it out of revenge, and they want to check and see if that person has dirty hands first.
Quick story: Long ago I fired a guy, he was a terrible employee and had to go. He thought that he would get revenge on me so made up a story and reported me to the police as having been using trailers on the road without current insurance, and said that the quad I have at the yard for running around on was stolen. The police showed up, had a look around, left. Then they went to his house where he lived with his parents and said why did you lie....but they also had a look and found several illegal things. He, and his parents were arrested and found guilty in court, all three did jail time, lost their house when they defaulted on the mortgage to. When they got out of jail their rep was so tarnished that nobody would hire any of them so they moved far away.
I just sat back and smiled.
Over the years numerous fired employees sought revenge and reported me to various places. I have not once been in trouble, but it has usually destroyed their life as they knew it.
My story was just one example, of many.
But if the OP wants to go complain to the IRS then its his fate to deal with the fall out. Its like most people who try and sue someone. They lose their case and now owe legal costs to...plus everyone knows to not hire them in the future because of their track record of being a whiner.

 

Lucky they didnt let you go. But I dont think a company driver is held liable for damage. Lease driver would be.