When Do You Start Work?

[Tenzing_Norgay]

Hmm, you help him and he bitches ? You don't want to know what I think.

Oh, not to worry. I'm already looking for his replacement.

[joel]

Hmm, you help him and he bitches ? You don't want to know what I think.

Oh, not to worry. I'm already looking for his replacement.

OK, let's think calmly.
Sit down in your truck tomorrow morning and say,
"I heard you when you said that you ought to be paid from the time that we leave MY driveway until the time that we return to MY driveway. I certainly don't charge that way, nor get paid that way. YOU have the choice.... meet me on the jobsite, and be on time... OR hop in the truck with me and I will save you the hassle and expense of driving there"

But, on the other hand, IF this fellow is a great worker (who just runs his mouth too much) and he knows the work, and doesn't need much supervision, etc... then keeping him around is better than burning through other day laborors. (my 2-cents)

Open and clear communication usually works every time. Give HIM the choice. "Hop in or I'll see you there"

[Bmup]

Give him a choice; either meet me at the job site (on time) or chip in for gas every day.

[Ger42]

Tell him you will pay him but the charge for riding with you is .45 a minute.

[Joecruiser]

Dude is a neighbor, dude is down on his luck.
Contractors and service charge for travel.
Good help is hard to come by...good neighbors...even harder.
If dude is good hard worker....pay up $$$

[Cubanstang50]

Dude is a neighbor, dude is down on his luck.
Contractors and service charge for travel.
Good help is hard to come by...good neighbors...even harder.
If dude is good hard worker....pay up $$$

Bullshit!!!! Hes being fair already by letting him ride in his truck. This is why you dont work with family or friends!!!!

[Tenzing_Norgay]

Dude is a neighbor, dude is down on his luck.
Contractors and service charge for travel.
Good help is hard to come by...good neighbors...even harder.
If dude is good hard worker....pay up $$$

1)He's down on his luck due to his own doing.

2) I do not charge for travel time.

3) He constantly/daily asks to borrow things...tools, trailers, chainsaws, etc.

4) I pay him $30/hr.

[SteyrAUG]

Tell the guy to meet you at the site, his time starts when gets to the site.

Guaranteed, he will no longer be employed, or no longer bitch.

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That's the solution one way or the other.

I get that in his mind, he thinks he reporting to work when he arrives at your driveway, but the reality is you are giving him free transportation to the actual job.

[Taco]

A few years ago, I thought my life of financial systems software development was far too exciting and I moved into labor and human resources software development. Boy can this stuff get archaic and draconian quickly. That said, I'm the person told to 'make it do', not one of the lawyers or scores of people who actually know this stuff. This isn't legal advice, or information given based on anything more than my speculation... And I may get laws, union rules, and company policies confused...


I believe, as another person mentioned, the first trip, as long as it is typical and reasonable (you can't have a 20 minute commute most days, then a 4 hour commute randomly), is unpaid and on the person. All time after that is on you, including windshield time between trips... But, and here comes the turn, he's not an employee. However, you driving him around, he doesn't really get to come and go, he doesn't get to select his own hours. It sounds like he is rather captive after arriving at your house. As an IC, I imagine you could not pay him between locations, assuming it would not bring his wage below minimum routinely... But, if he were really after you, he could sue claiming that he is not an IC, but an employee. I could see his point, and if a judge agrees, you'd be looking at a lot of taxes... It would be much more expensive than another 45 minutes of pay.

[joel]

...he's not an employee. However, you driving him around, he doesn't really get to come and go, he doesn't get to select his own hours. It sounds like he is rather captive after arriving at your house. As an IC, I imagine you could not pay him between locations... But, if he were really after you, he could sue claiming that he is not an IC, but an employee. I could see his point, and if a judge agrees, you'd be looking at a lot of taxes...

We can reduce all of that into one word, "CONTROL"
If you control his behavior, his movement, supply his tools, and supervise his activities... Control=Employee

A subcontractor or independent contractor can show up when reasonable, send his brother-in-law in his place, has his own tools (if required) has his own licenses (if required) as long as the job gets done.

You keep this guy around for awhile, keep him employed, then let him go, he CAN go collect unemployment and your verbal agreement means nothing.



P.S.: Even if he is a subcontractor, if you pay him more than $600 in any year, YOU have to provide a 1099-MISC to him.

Then, if he doesn't file that income on his tax return, he can CLAIM that he was an employee, that what you paid him was his "NET" pay and he has no idea what you did with the taxes that YOU withheld. The State of Florida would side with him as the "poor, innocent defenseless employee" vs YOU as the powerful employer and then FORCE you to not only restore the "taxes" that you should have withheld, but (since it's construction related) the State will require that you maintain WORKER'S COMPENSATION INSURANCE coverage on him (construction contractors who maintain ONE employee are subject)