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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 41622
Experience:  30 years in Employment law
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I am a general contractor and had a sub-contractor working

Customer Question

I am a general contractor and had a sub-contractor working for me for awhile...when I asked for his workmans comp and general liability he finally had it sent to me but was started after the date he was done working.... it was a time and material job... so i am withholding money to pay workmans comp for his wages..... he now went to the labor board and said he was an employee....
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help.

All you can do here is contest this with labor board.If you have a contract here with the sub, payments made as a 1099 sub, other correspondence supports you and him not being an employee.To me here he has no basis for the employee claim.If you contract with all your other subs again this supports your claim.Also the fact he failed to procure the wc as required puts him in a bad light.

You would have good evidence here to support the fact he was a subcontractor nothing more.If he was subbed to do a specific task at a specific price you can prove that up.Also the emails or other evidence should support you here.Sounds like the sub is in trouble and trying to pass the buck.I don't see him being successful especially if you have some paper trial you can present in all of this.

You may consider your own lawyer to dispute this based on your facts and evidence or present it yourself when the matter is heard. You appear to have good facts including the fact you required them to have their own wc here as a subcontractor.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

Idaho law..

• A “general contractor” is an entity with whom the principal/owner directly contracts to perform certain jobs. Some or all of the enumerated tasks are subsequently contracted to other entities (subcontractors) for performance. For general contractor relationships to exist there must be three parties: a principal, an independent contractor, and a subcontractor hired by the independent contractor. Independent contractor status changes to general contractor when any part of the work is subcontracted to another entity.

Principals are not commonly held financially responsible for any injury to the independent contractor’s employees or any employees of subcontractors hired by the independent contractor.

Here your facts appear to support that this person was a subcontractor not an employee.I think you may be successful contesting this matter with your evidence and testimony here.

Expert:  Ray replied 1 year ago.

I wish you a happy holiday season.