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Question

Hello, My husband has been working for an auto body repair shop for sometime. Yesterday (payday) all employees were informed that they were no longer employees but independant contractors and were given W-9 forms to fill out.We have been told by several people that according to the law they can't do that. He operates his business as every other body shop, in that he brings in the work, orders parts and supplies, provides the work place and takes a predetermined cut of the labor flat rate for his services and the body man is paid his percentage of the flat rate for the labor on each job. Our feeling on this is that he is trying to an end run around the employment laws of not only collecting state and federal taxes but also on paying unemployment insurance and workman's comp. This will leave each employee out in the cold in matter's of injury, etc. Can he legally do this in Arizona?If so, shlouldn't we demand a contract of some sort? Thanks for your help!

Submitted: 458 days and 19 hours ago.

Category: Employment Law

Value: $15

Status: AWAITING CUSTOMER ACTION

Peoria, Arizona

Already Tried:
tried to read the AZ revised statues

Accepted Answer

you contact the department of labor and the department of fiance to investigate. to be an independent contractor, you would need to meet certain ceriteria such as freedom of choice and the employer would not be able to supervise as he does employees. Your benefits are obviously worse under such a change. the 2 agencies I mentioned should be able to address it and have it corrected.

Accepts:
Expert:	INFOLAWYER
Pos. Feedback:	95.4 %
Answered:	8/21/2008

Lawyer

Licensed attorney helping employers and employees with their legal questions

458 days and 19 hours ago.

Reply

I agree but my husband and I already have a side business that we have been filing taxes on for over 4 years, it just complicates things foor us big time. I guess I'm more worried about the implications of working for him on this basis with no protections and at his mercy. He has already played games such as refusing to order parts for a repair job till they are absolutly needed and then the body men end up standing around and wasting time waiting for the part to arrive. Last week my husband came home early even though he had 6 jobs to do all because he didn't have the parts needed to proceed.

Posted by INFOLAWYER 458 days and 19 hours ago.

Answer

all you can do is report the change to the agencies. and if you cannot wait for them to take action, resignation may be needed and finding anothe position appropriate. generally, when an employer makes such a shift, its a bad sign of its economic position and may signal the business is not long lived.

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