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i am a small business that needed to use a subcontractor to…

Customer Question
i am a small business...
i am a small business that needed to use a subcontractor to help on a job.the person has failed to produce his license information and is threatening l n i claims against me and liens on the project ,what can i do?

i need to be leagle ,im trying to get him to fill out the form as an employee and hes refusing this to
Submitted: 8 years ago.Category: Employment Law
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Answered in 6 minutes by:
6/16/2010
Employment Lawyer: Jack R., Lawyer replied 8 years ago
Jack R.
Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6,147
Experience: Review contracts for major corporations
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If he files a claim against you then you will be able to get the information you need at the hearing. You cannot force him to be an employee, and you will ultimately need to pay him for the work performed. You can tender payment by certified check. If you end up in court you can show the judge you tendered payment and he refused. A court will not enforce a cash payment designed to avoid legal taxes, nor fully enforce a contract illegally performed by an unlicensed individual.

 

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

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Customer reply replied 8 years ago
there are different pay scales as an employee as to a contractor ,the amount owed is

1760.00 if he were a contractor,
1235.00 as an employee,there is a 3.5 cent reduction in l n i tax

he has been paid 850.00 and i asked him to provide his company information for final payment,,,,the 850 was a check that i deposited into his bank account
Employment Lawyer: Jack R., Lawyer replied 8 years ago

If he was hired as a contractor then that is what you must pay. If he takes you to court he will need to provide the information at the hearing if you request it. If he is working illegally you can ask the judge to throw the case out.

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

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