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Just qurious what determines if we are independent

contractorss. he gets the jobs...
just qurious what determines if we are independent contractorss. he gets the jobs and pays us with personal checks, but he is the boss tells us where to got what to do when to take lunch. we use his tools his company vehicle and and he pays our hotels. is that w2?
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Customer reply replied 1 month ago
also he hires some illegals, so if i bring this to light will i be getting co workers in troubles
Answered in 10 minutes by:
3/12/2018
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,747
Experience: Retired
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In general, an employee is a person who is subject to the control of the employer as to the manner and method by which work is performed. Typically, if a person engages in work which is also a core activity of the person who contracts for the work, and no government license is required for the worker to perform that work, then that worker is an employee. Examples:

1. A person who does janitorial service for a software development company is likely an independent contractor.

2. A person who does accounting for a software development company may be either an independent contractor or an employee, depending on whether the person is licensed by the government (e.g., Certified Public Accountant: CPA), and the person holds out to the public as available for accounting services.

3. A person who is a software engineer who performs that work for a software development company is near certain to be an employee.

Concerning the employer hiring undocumented aliens, the workers could lose their jobs -- the employer could be prosecuted by the federal government for a criminal offense.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,747
Experience: Retired
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Customer reply replied 1 month ago
I do have one other question. Besides reporting this employer to work force development. Is there any civil laws that would allow suing for unemployment that was never paid in winter, and overtime that should have been paid?
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Category: Employment Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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