Question

Asked: Dec 22, 2009

Am I an employee or a subcontractor?

I filled out my W4 3 weeks after I started the job. Instead of a time card I submitted a bill with a break down of the jobs performed am I automatically considered a sub contractor? Can the employer have me arrested or fined for working as a non licensed sub contractor. He isnt wanting to pay in full because of unsatisfactory work. Am I an employee or a sub contractor? Do I have any legal rights?

Categories: In Employees > Employees - Other
Industries: In Construction & Skilled Trades > Construction - Other

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Answers

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MWD

You would only be cosidered a contractor if you where not working for a company and you presented yourself that way. If you are working for some one and will be filing a 1099 at the end of the year then you would be a self employed contractor. A 1099 is a form for self employed people that did not have taxes teken out of your pay at the time of payment. To answer fyour question I think you would be considered an employee because you filled out a W4 wich is for employees not contractors so write up your hours, a detailed list of jobs completed, find out what the cusomer would like you to do to resolve this matter with out taking legall action and go from there.

No one likes to go to court and dispute things that are not worth it so if you decide to do that you had better have your fact in line and be owed what you are persuing.

Answered: Dec 23, 2009

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