Colorado Inedepent Contractor gettting screwed????

[K_M]

I have a dilema and not sure where to go. I've looked on line at the IRS site and tried to find info from the CO labor laws. Just not finding what I need.

I'm an independant contractor at a place where massage is a side thing. The business is expecting the therapists to do 2 complementary 1 hour massages for some promo because other businesses are contributing free stuff (the other businesses make more $$!). We don't even make poverty level $ per year and now they want us to do stuff for free! I'm starting to see red and am ready to quit but there is a principal here!

They've told us in the past that we would get paid a certain amount to do promos with the business but it usually ended up less when it came down to it.

Also, CO is a state where they can let you go on a moment's notice with no explanation. I just want to know where taking advaneforum.xxxe and trying to control us crosses the line.

Any advice or places where I can do research to back myself up when I go in fighting for myself? javascript:emoticon ':evil:'
Very Mad

 

[cashflowpatrick]

Just say no. If they can require you to be there at a specific time to do specific work, you are no longer an IC, but an employee, by IRS definition. You can require your normal fee for performing a massage for this business, whether they are charging or giving it away. Your contract should state the amount you receive, and they are bound by the contract.

 

[candisaur]

There are 8 of us and unfortunately we do not have a contract YET. We are currently working on.

 

[XRatedMisfit]

There are 8 of us and unfortunately we do not have a contract YET. We are currently working on.

Wow, how long have you been there? Well, certainly if you are not under a contractual agreement to work for free, they don't have a leg to stand on when they try to require that!

I know it is frustrating. I hate confrontation. But I hate being taken advaneforum.xxxe of more, now that I'm over 40. And yes, it took me THAT long, so be gentle on yourself and allow your inner struggle - but on the outside, go ahead and be bold and say NO. The best thing would be for all 8 of you to agree to this ahead of time and stick together. They don't want to let ALL of you go - it won't be good for business in several ways.

 

[Tina M]

Sad to say it has been almost 2 years. I've been hoping this would get better but it only seems to be getting worse. I hate knowing that the manager could just say "leave". I'm one of the top four money earners there but she has a favorite and would give him as many shifts as he wanted. I managed to get a lot of my clients phone #s so when I have my home office ready to go I can call them, but that won't be until April or May.

I guess my over 40 will have to end up being 50. I hate to have to deal with this stuff.

Thanks so much for your input.

 

[Skully]

Sad to say it has been almost 2 years. I've been hoping this would get better but it only seems to be getting worse. I hate knowing that the manager could just say "leave". I'm one of the top four money earners there but she has a favorite and would give him as many shifts as he wanted. I managed to get a lot of my clients phone #s so when I have my home office ready to go I can call them, but that won't be until April or May.

I guess my over 40 will have to end up being 50. I hate to have to deal with this stuff.

Thanks so much for your input.

(((cyberhugs)))

 

[Bees Knees]

Well....we were told today that whoever didn't sign up to do the 2 complimentary massages would be let go. Guess I'm going to be out of a job! Oh well. It's the point. I'll make them come to me - I'll not quit.

To top it off another therapist and I call the hot springs owners and asked to meet with them regarding the manager. They told us the reason an employee was fired last week was because he went directly to the owners about the manager and didn't take the issue directly to the manager. Talk about disrespect for fellow human beings!

Thinking about seeing a lawyer.....

 

[luv2swim4evr]

Well....we were told today that whoever didn't sign up to do the 2 complimentary massages would be let go. Guess I'm going to be out of a job! Oh well. It's the point. I'll make them come to me - I'll not quit.

To top it off another therapist and I call the hot springs owners and asked to meet with them regarding the manager. They told us the reason an employee was fired last week was because he went directly to the owners about the manager and didn't take the issue directly to the manager. Talk about disrespect for fellow human beings!

Thinking about seeing a lawyer.....

It doesn't sound like you are legally independent contractors, and the manager/owner are using you, requiring that status, to get out of paying their taxes. You may easily have a case. Maybe let the tax-man handle it and not bother with the expense of a lawyer! I'm sorry. It does sound like it's time to get out, or be let go - however they want to put it.

 

[regina]

so if you don't work for free, you're fired as an IC. it would be quite interesting to see if all the mt's refuse the free 'work'. would they fire everyone?

sounds like it's time to go...

 

[-whateva]

I wish I could get all of the MTs on board but most of them don't have a significant other that can help with $$ - if you know what I mean. At least we can survive until I get something else.

Let the tax man handle it? Should I go to the IRS web site and e-mail a complaint or call? What is your opinion?

 

[GARISH]

I wish I could get all of the MTs on board but most of them don't have a significant other that can help with $$ - if you know what I mean. At least we can survive until I get something else.

Let the tax man handle it? Should I go to the IRS web site and e-mail a complaint or call? What is your opinion?

You could just call and ask them if this is a legal IC arrangement, and if not, how to proceed. First, though, be sure all of your OWN ducks are in a row. Have your records of work done, how you were paid, and tax forms from the last two years. The employer will probably have to verify that, and if she has been treating you as employees, she will have to pay back half your taxes and she will have to revamp her system. Of course, you probably would REALLY need to find another job before all that hit the fan.

It really shouldn't be your problem if you let the IRS handle the legalities and you walk away. I certainly wouldn't bother with getting a lawyer, though. They charge you an hourly rate, and it WILL be your problem to prove it all. Walking away completely would be better than that stress, and the other MT's are all adults who can take care of themselves.

 

[Gregg]

My husband and I were just talking about all this. We agree with you that we should let the great powers of government handle it. I'm going to go ahead and do the 2 massages and let that be put on the record (more amunition).

You are right that if I go to a lawyer it is all on me to prove. As you said this way I can walk away, which I fully intend to do as more of our plan takes shape. I probably won't be able to soak there anymore - but it is a public place and if I didn't break any soaking rules mmmmmmmm.......... ':wink:'

Thanks again for talking this thru with me!

 

[Mama Outlaw]

Let us know how it works out! It sounds like you have a good handle on it.

 

[smmay2]

Handing in my notice tonight!

Hi everyone! An update....I'm handing in my notice tonight. They are not interested in independant contractors. They want all the therapists to be employees. Their offer - $100 to be on the premises for 6.5 hours. If we get massages they will pay us our % and make up to the $100. If we get more than 3 massages in a shift we get our $ from the massage ($120) If we are not doing massages we are expected to do tours with customers, mop the floor, take hot spring temperatures, help housekeeping make beds & vaccuum, wash windows, and anthing else we see that needs to be done. 6.5 hours is a potential 5 one hour massages. I'm good at 3, tiring by 4, and exhausted at 5. We asked about lunchs and were told that we did not get one! State law says we do 5+ hours on shift we get 30 minute lunch!!!!

We can be contractors but we are last to receive shifts and only for fill in.

Anyway, I'm a professional. I would have taken a housekeeping job if that is what I wanted!!!!

Thanks everyone for your input.

 

[Vishwas]

Handing in my notice tonight!

good for you that you have decided that this situation is not for you.
one door closes, and another one will open. good luck to you.

I would have taken a housekeeping job if that is what I wanted!!!!

exactly

 

[monument]

I'll be watching to see what your much better situation will be, soon! (And I want to hear what the IRS has to say about the taxes from the past two years!)

 

[Pompal 09.]

I used to live in Pagosa Springs so I understand the whole hot springs resort "do every job" mentality. Do you plan to stay in Ouray? I know commuting from there sure isn't easy, especially in winter! Good for you for leaving an unhealthy situation! A new door will always open up.

 

[star42]

You need to stop immediately.

A few things about your post concern me as a business coach. Let me start off with this...

First, you need to stop working immediately in that office until you have a signed contract. You can find a sample contract at http://www.sohnen-moe.com under Free forms. Cherie is an excellent wealth of information, and I advise you (for free ) to use her site. If the spot where you work won't provide a contract...it's your responsibility to write one. You SHOULD NEVER work as an independent contractor without a contract. Period.

Secondly, independent contractor information isn't a state thing...it's a FEDERAL thing. So, go to http://www.irs.gov and peruse the site for the information you need. Your hiring agent is skirting the edge of treating you like an employee with the benefit of not paying SSI/Medicaid on you. This needs to stop. You are either EMPLOYED, SELF EMPLOYED, or UNEMPLOYED. There are guidelines to each one.

Next, and last, it concerns me greatly that you are making 'below poverty level' in a profession that is the largest growing healthcare field in the country right now. This should not be happening. You need a seriously critical assessment of your business and where you need to turn it around in order to have a lucrative career.

If you need help, let me know.

Yours truly,

 

[??Letter Fr?m /-\ Thief ??]

I wanted to thank everyone for their support. I haven't been on the board for a while so did not see some of the posts.

Update: I did quit there after I sent a two page professionally written letter. From what I've heard the therapists are now employees and doing other "stuff" when not massaging.

The good news is I'm doing a few massages at home. But the best part is that I just bought a business! It is a vacation equipment rental business that rents cribs, high chairs, toys, etc. to families on vacation. And the best part is that I'm going to offer on-site massage to the parents! The kids get stuff so why not the parents. I'm looking forward to a new path in life and think it will be fun!

Thanks again everyone!

 

[Torigirl]

Congratulations!! That sounds like a great business combination for you!