Recently I had became a independent contractor for this delivery company here in Florida. They were a company that provided drivers for auto part companies for deliveries. What i want to know is whether or not I am actually a I.C. or a employee. We were told that we are I.C's and that we could basically do what we want, but when getting to the store we were to deliver parts to we discovered that wasn't the case. We were told by the warehouse manager as well as the store manager a few things that make me seem as if we were regular employees being taken advantage of. I'll list what was said and what other things we did outside of just driving and delivering auto parts. Furthermore, we used our own vehicles as well, and paid for our own fuel. Here is the list of things to help you help me to decide whether I am a I.C. or a employee.
1. We were told that we have to work from 8am-5pm everyday.
2. We were not allowed to take lunch breaks, if we had to eat just get it through a drive thru and eat in the car.
3. We were told to pull parts for orders, which was not in the contract.
4. We loaded and unloaded trucks and stocked the store and moved things around.
5. We did more the the actual employees of the store, and were always being told what to do and where to go and how to do it.
See we delivered auto parts to mechanics and dealerships and was told what to take when to take it and what route to run it in. We worked non-stop for 9 hours a day, Monday-Friday 8am-5pm. No breaks...we were told not to. We used our own cars...paid for our own fuel, and subjected our vehicles to wear and tear. By loading and unloading trucks, pulling orders, which required going up and down stairs carrying things in excess of 100 pounds, we subjected ourselves to injury, which now my lower back has been killing me ever since putting up car batteries, which was not in the contract, but we were told to do it.
Point is we worked 46 hours a day........ No over time, no nothing, and we did more then what we were suppose to do. Now my back is hurt, my knees, and I feel like I was taken advantage of. So am I a I.C or a employee and do I have a law suit for anything.
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Answers & Comments
Verified answer
Are you 1099 or W-2?
It sounds like you are an employee. Companies do that to avoid paying payroll taxes, benefits, and overtime.
1. Can you come and go as you please? If not, you are an employee.
2. Do you use your own tools and equipment? If no, you are an employee.
3. You are forced to perform chores not in your contract. You are an employee.
File a complaint with the US Dept. of Labor,
http://www.dol.gov/whd/america2.htm
Good luck