# So im a Employee right



## mike2153 (Dec 11, 2012)

If im told what time to the hr to be at a property that makes me a employee. Am i wrong here.


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## Ohnojim (Mar 25, 2013)

*That depends*

If you are meeting a broker, or doing an eviction or some other task that under normal circumstances, must coordinated with other people, companies or crews. No, that would not be "setting work hours" in any sense. Independent Contractors have to work within reasonable time constraints and accommodate the schedules of others. 
However if they are setting daily regular hours or constructing you daily schedule, that's another matter.


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## hammerhead (Apr 26, 2012)

Ohnojim said:


> If you are meeting a broker, or doing an eviction or some other task that under normal circumstances, must coordinated with other people, companies or crews. No, that would not be "setting work hours" in any sense. Independent Contractors have to work within reasonable time constraints and accommodate the schedules of others.
> However if they are setting daily regular hours or constructing you daily schedule, that's another matter.


Yep same thing with the Cash for Keys work orders. The time is set to meet the owner


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## Cleanupman (Nov 23, 2012)

When determinations are made in regards to IC/Employee issues 
It is the totality of everything involved not just one or two elements.
I think that is the part most overlook....the totality of direction and control.
Regardless of the contract there will always be circumstances that dictate a variance from the written word


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## Trey9007 (Nov 20, 2013)

mike2153 said:


> If im told what time to the hr to be at a property that makes me a employee. Am i wrong here.



If this is the only example of control you have, I would say that you arent an employee. But, if you have other examples in addition to this, you may be an employee.


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## Field Audit Services LLC (Mar 24, 2013)

mike2153 said:


> If im told what time to the hr to be at a property that makes me a employee. Am i wrong here.


Yes, you are wrong.


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## mike2153 (Dec 11, 2012)

Darn i really wanted to be a jerk here lol i don't do work for this place out of nowhere i get a phone call telling me to be somewhere said no no no bleep you got me to many times shorting me on these emergencies next day get a email stating there gonna sue told them enjoy.


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## RichR (Sep 22, 2012)

mike2153 said:


> Darn i really wanted to be a jerk here lol i don't do work for this place out of nowhere i get a phone call telling me to be somewhere said no no no bleep you got me to many times shorting me on these emergencies next day get a email stating there gonna sue told them enjoy.


 
Hey now, slow down there a bit and take a couple deep breathes. 
Punctuation is your friend! Now lets try that again.


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## GTX63 (Apr 12, 2012)

mike2153 said:


> If im told what time to the hr to be at a property that makes me a employee. Am i wrong here.


If you rekeyed doors and I called you to be at an eviction at 8 a.m. tomorrow to secure the house, would you be my employee?


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## JDRM (Apr 16, 2012)

Here we go again..............


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## Field Audit Services LLC (Mar 24, 2013)

GTX63 said:


> If you rekeyed doors and I called you to be at an eviction at 8 a.m. tomorrow to secure the house, would you be my employee?


Yes, and I expect a full benefit package including Obamacare or I will sue you silly. :thumbup:


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## mike2153 (Dec 11, 2012)

Sorry guys, i wasn't trying to bring up a dead subject. I did use the search button but didn't really find a good thread to base of it. When they threatened to sue thats when i got mad and said i guess I'm a employee then. Again i do not do work for them. Thanks for everyone that gave advice. I guess i looked at it wrong when it states if your told to be somewhere at a certain time your considered a employee. This is a National. And no wasn't looking for free anything they screw everyone just wanted a way to screw them back if they did sue.


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## thanohano44 (Aug 5, 2012)

Here's the thing dude. If you want to make it an issue, you'd have to take it to court. The lawyers will make a case for and against you. It will be up to the judge to interpret that law for you. Not anyone on this board. I suggest you find competent and legal advice for this matter. V

Ps-they can get screwed big time for not showing up at an eviction.


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## GTX63 (Apr 12, 2012)

Havent had any national try to sue me before. I can only imagine it would have to had been a large job you previously committed to and there were severe consequences due to you not following thru. That and the fact you don't have enough outstanding invoices for them to sweep off the table. Otherwise it is just a cubicle monkey spitting into the phone.


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## thanohano44 (Aug 5, 2012)

Can we ask the name of that client?


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## GTX63 (Apr 12, 2012)

Field Audit Services LLC said:


> Yes, and I expect a full benefit package including Obamacare or I will sue you silly. :thumbup:


If you don't work for me, you have the benefit of an Obama phone, Obama cash, a link card, government housing, medical care, child care, utility assistance, education and free condoms. Sorry, I can't match that...


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## thanohano44 (Aug 5, 2012)

GTX63 said:


> If you don't work for me, you have the benefit of an Obama phone, Obama cash, a link card, government housing, medical care, child care, utility assistance, education and free condoms. Sorry, I can't match that...



Not sure how it is where you guys are at but here....they are putting up tents offering free phones as long as you qualify for unemployment and government assistance. It's sickening.


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## GTX63 (Apr 12, 2012)

Those aren't tents, they are voter registration booths.


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## thanohano44 (Aug 5, 2012)

GTX63 said:


> Those aren't tents, they are voter registration booths.


exactly


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## Gypsos (Apr 30, 2012)

GTX63 said:


> If you don't work for me, you have the benefit of an Obama phone, Obama cash, a link card, government housing, medical care, child care, utility assistance, education and free condoms. Sorry, I can't match that...


Are you sure about the condoms? That would reduce the number of future voters for them.


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## BPWY (Apr 12, 2012)

Gypsos said:


> Are you sure about the condoms? That would reduce the number of future voters for them.





Only if the user had the ambition to use it.


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## Cleanupman (Nov 23, 2012)

BPWY said:


> Only if the user had the ambition to use it.


Thinning the gene pool is a good thing....

The reality of the OP is that there are lawsuits currently on this issue. There are also two law firms...one in SF the other in Conn. that are going after this issue.
In addition something that should be a wakeup call to all is the factthat a Union...the IWW...has entered the picture. When a labor union offers to organize an industry that is the first redflag the runs up for the IRS to have a closer look-see at the Employee/Independent Contractor relationship in an industry...
Remember FEMA was sues in the early 90's vis Parsons-Brinkerhoff for this very same issue...the complaints are almost identical...just the names have been changed...
Next year is going to be very interesting....


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