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DELIVERY MAN DOWN

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j_r0kk:
  1. Are you put on a schedule?
  2. Do you get paid hourly?
  3. Do you get a paycheck?
  4. Do you have withholdings on any check received from your employer.
If you answered “NO”
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Come on man. This is one of the oldest tricks in the book to avoid taxes on the business owner’s part, and it does not fly. The IRS will see right through this ‘contract labor’ trick because in 99% of these cased the drivers are in fact on the schedule, and paid by the hour. Being on a schedule and paid hourly void this argument.
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j_r0kk:
Unfortunately, it sounds like you’re up the preverbial creek without a paddle. I wish you the best of luck with your endeavors. Let us know what happens in the end. -J_r0kk
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Driver - How much can you be making? You mentioned no legal problems with the IRS or garnishments. Anyone making less than $25,000 a year can pay about nothing in taxes using the basic deductions.

How long have you been working there? If it is less than a year, then you are fine. You haven’t filed your taxes anyway, and very easily claim you thought your thought your employer was with holding.

What are your risks here? A tax penalty? What are the chances it will be less than your hospital bills? The government is far less interested in the few hundred you may owe than they would be in the thousands your employer probably owes. They pay informants.

Use the Tax Payer Advocate service. Get to the unemployment office. Take care of your injuries, and get some piece of mind. There is a statute of limitations on unknown undeclared income, but if they determine you knew about it they can go back any number of years so this could come up again 10 years down the road if you don’t bite the bullet and take care of it.
 
If you answered “NO” to these questions then you are considered “contract labor” and are responsible for paying your taxes… but you’re also not covered under the pizzeria’s insurance, because you’re not an “employee”.
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a couple of things - if by some miracle the employer could convince the irs that this driver was contract labor it doesn’t mean that the employer is automatically off the hook for not providing workers comp to the driver. irs requirements and state/federal workers comp requirements are two different animals. but the point is moot - there is no way that both the irs and the department of labor would deem this driver contract labor. as such the driver holds all of the cards in this case and has the ability to make the owner suffer a great deal. if the driver is an accomplished liar, he can also go after the employer without fear of incurring any irs problems himself.
 
I was hired to deliver, answerphones, do dishes, mop, sweep, and i was there 7mths.

The schedule was wed, thur, friday 5-12. sat and sun 12-12. mon and tues 5-12. there was no mention of 1099. Payed hourly on thursday and $1.00 per delivery + tips.

I did alot more, made pizza and never called in, covered the owner when he could not be there on days.

(The Flordia dept of financial serv is committed to stopping workers comp fraud. Employers who pay cash to their employees and fail to report these payments to their insurance company are breaking the law. If you suspect and employer is committing such a crime or does not have workers comp coverace report it. If your tip leads to a criminal conviction you may be eligible for a reward of up to $25k). I had no clue what the owner was doing. I guess its possible to earn way more whistleblowing than driving.

I have always heard that the worst position any business owner could be in is an injured employee and the business has no insurance. I was fired because i asked him to pay the hosp bill, that is worst part. I hope the judge feels the same way. This guy should not be in business. This whole experience will only help me when I have my own shop.

I will keep updates ont the site. Thanks for the input.

Kind with the 9
 
Is the hospital bill that much more than the taxes you would owe b/c you are paid under the table? I think you need to cut your losses and move on. I don’t think people can feel bad for somebody that was knowingly trying to cheat the system. You would be better suited asking for help on a delivery driver website as opposed to an owners site no?
 
O.K. Let’s attack this.

Before I do, I am grateful that something more serious didn’t happen to you.

Driver, you say no one has a heart or whatever. I already read several responses that state clearly that the shop owner is in the wrong, and what you can do… BUT let me spell it out for you, and stay with me for a few more facts…
  1. Go to your state unemployment division, work comp division or department of labor. Every state is a bit different.
  2. You may need (and will, if you are smart) a lawyer. In your case you will probably get one for free.
  3. Avoid all this by giving the shop owner one more chance to make it right.
NOW for some facts, and some pretty safe assumptions…
  1. The store is NOT making 50% profit. Maybe after food and labor but don’t forget rent, utilities, taxes etc. Even without all the fixed costs, 50% is pretty high margin!
  2. The shop owner is breaking the law! If he is not afraid so far, he is a fool. He can and probably will loose everything over this, and by the sounds of it, I hope he does. Most of us here run an honest business, and jerks like this actually cause US problems as well. For other shop owners that may read this,
    a) hire an attorney when you set up shop. The laws are complicated and not very forgiving. You need to know what the laws are.
    b) always have insurance!
    c) NEVER pay under the table!
    d) Always check driving records, and never hire any driver under 18 IT IS ILLEGAL!
    e) STOP HAVING YOUR DRIVER CARRY BAGS OF CASH! The big boys figured it out a long time ago, all that cash is asking for a robbery, and we don’t want people to get hurt!
    f) Golden Rule baby! treat your people well. Treat your people like family. They are the lifeblood of your business, and business aside, treating employees well makes the world a better place, and that’s what it is all about… Isn’t it?
  3. YOU (driver) broke the law, and you know it. If you are lucky you will get compensation for your injury, but still be out of a job. The consequences of getting paid under the table could mean that you will never get compensated. It could mean you get fined by the state or the IRS if you are unlucky. When any of us decides to do something illegal, the potential consequences are staggering. You just broke your wrist, but what if you had more serious injuries? Working under the table means that that owner has no work comp! If it were a serious injury, There may be no ability to cover you in the long term. What if you were disabled? Do you think a small operator with no insurance will pay you for the disability for the rest of your life? No, even a rich one couldn’t afford it without insurance.
  4. As for loosing your job. I don’t know what happened. If you were hit by a careless driver, then you would still be working for me. If you were hit because YOU were careless, then you would be let go. We have policies, procedures, rules, all set up for the safety of our employees and the protection of our business. Be careful when you read some sob story about a driver that was “fired because they got robbed”. It sounds good in the media, but it is rarely mentioned that the employee was carrying excessive cash. We (owners) don’t care about the cash lost in a robbery because we lost that much, we care about the SAFETY of ALL our people. If a driver fails to skim off their bank, they place other drivers at risk of being robbed! Robbery or not, if you are caught carrying $100 while working for me, you are gone! Accident or no accident, if you drive recklessly, I will let you go.
When people thought they were talking to the owner, they said he was stupid. When they thought they were talking to the driver, they said he was stupid. In other words BREAKING THE LAW IS STUPID for both parties. All the advice I heard was to try and make it right, and get on an honest path.

We all know that there are jerk business owners out there, but so far you have heard from responsible, caring people. Go out and do the right thing!
 
kind with the 9:
Driver wrecked on scooter, broke wrist missed one day of work, owner has no insurance. Owner has problem paying $550.00 hospital bill.Driver is paid cash, is he covered by workers comp in fla. what should owner do and what can driver do.

thanks,

anyone who has first hand experince please help.
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Paul, thanks for the original post.

question…if he paid the medical bills and had workers comp would all of this been avoided or were you looking for something more?

Of course your would answer NO, but it seems crazy that anybody would not make this go away to avoid all u described…

Either way, I hope you have left that area…they are not the type of people who forget 😉 what goes around…
 
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Score one for FamousPizza and going a day ahead to find this. You definitely thought outside the little shoe box I was thinking in 🙂
 
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Paul, Iam no not going anywhere! What do you think Kind with the (9) stands for
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WHAT??? All I did was put a link to this post from 2006 to your new post. WTF is your problem?
 
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