Colorado Inedepent Contractor gettting screwed????

K_M

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I have a dilema and not sure where to go. I've looked on line at the IRS site and tried to find info from the CO labor laws. Just not finding what I need.

I'm an independant contractor at a place where massage is a side thing. The business is expecting the therapists to do 2 complementary 1 hour massages for some promo because other businesses are contributing free stuff (the other businesses make more $$!). We don't even make poverty level $ per year and now they want us to do stuff for free! I'm starting to see red and am ready to quit but there is a principal here!

They've told us in the past that we would get paid a certain amount to do promos with the business but it usually ended up less when it came down to it.

Also, CO is a state where they can let you go on a moment's notice with no explanation. I just want to know where taking advaneforum.xxxe and trying to control us crosses the line.

Any advice or places where I can do research to back myself up when I go in fighting for myself? javascript:emoticon ':evil:'
Very Mad
 


Just say no. If they can require you to be there at a specific time to do specific work, you are no longer an IC, but an employee, by IRS definition. You can require your normal fee for performing a massage for this business, whether they are charging or giving it away. Your contract should state the amount you receive, and they are bound by the contract.
 


There are 8 of us and unfortunately we do not have a contract YET. We are currently working on.
 


Unbroken Chain said:
There are 8 of us and unfortunately we do not have a contract YET. We are currently working on.

Wow, how long have you been there? Well, certainly if you are not under a contractual agreement to work for free, they don't have a leg to stand on when they try to require that!

I know it is frustrating. I hate confrontation. But I hate being taken advaneforum.xxxe of more, now that I'm over 40. And yes, it took me THAT long, so be gentle on yourself and allow your inner struggle - but on the outside, go ahead and be bold and say NO. The best thing would be for all 8 of you to agree to this ahead of time and stick together. They don't want to let ALL of you go - it won't be good for business in several ways.
 


Sad to say it has been almost 2 years. I've been hoping this would get better but it only seems to be getting worse. I hate knowing that the manager could just say "leave". I'm one of the top four money earners there but she has a favorite and would give him as many shifts as he wanted. :( I managed to get a lot of my clients phone #s so when I have my home office ready to go I can call them, but that won't be until April or May.

I guess my over 40 will have to end up being 50. I hate to have to deal with this stuff.

Thanks so much for your input.
 


Unbroken Chain said:
Sad to say it has been almost 2 years. I've been hoping this would get better but it only seems to be getting worse. I hate knowing that the manager could just say "leave". I'm one of the top four money earners there but she has a favorite and would give him as many shifts as he wanted. :( I managed to get a lot of my clients phone #s so when I have my home office ready to go I can call them, but that won't be until April or May.

I guess my over 40 will have to end up being 50. I hate to have to deal with this stuff.

Thanks so much for your input.

(((cyberhugs)))
 


Well....we were told today that whoever didn't sign up to do the 2 complimentary massages would be let go. Guess I'm going to be out of a job! Oh well. It's the point. I'll make them come to me - I'll not quit.

To top it off another therapist and I call the hot springs owners and asked to meet with them regarding the manager. They told us the reason an employee was fired last week was because he went directly to the owners about the manager and didn't take the issue directly to the manager. Talk about disrespect for fellow human beings!

Thinking about seeing a lawyer.....
 


Unbroken Chain said:
Well....we were told today that whoever didn't sign up to do the 2 complimentary massages would be let go. Guess I'm going to be out of a job! Oh well. It's the point. I'll make them come to me - I'll not quit.

To top it off another therapist and I call the hot springs owners and asked to meet with them regarding the manager. They told us the reason an employee was fired last week was because he went directly to the owners about the manager and didn't take the issue directly to the manager. Talk about disrespect for fellow human beings!

Thinking about seeing a lawyer.....

It doesn't sound like you are legally independent contractors, and the manager/owner are using you, requiring that status, to get out of paying their taxes. You may easily have a case. Maybe let the tax-man handle it and not bother with the expense of a lawyer! I'm sorry. It does sound like it's time to get out, or be let go - however they want to put it.
 


so if you don't work for free, you're fired as an IC. it would be quite interesting to see if all the mt's refuse the free 'work'. would they fire everyone?

sounds like it's time to go...
 


I wish I could get all of the MTs on board but most of them don't have a significant other that can help with $$ - if you know what I mean. At least we can survive until I get something else.

Let the tax man handle it? Should I go to the IRS web site and e-mail a complaint or call? What is your opinion?
 


Unbroken Chain said:
I wish I could get all of the MTs on board but most of them don't have a significant other that can help with $$ - if you know what I mean. At least we can survive until I get something else.

Let the tax man handle it? Should I go to the IRS web site and e-mail a complaint or call? What is your opinion?

You could just call and ask them if this is a legal IC arrangement, and if not, how to proceed. First, though, be sure all of your OWN ducks are in a row. Have your records of work done, how you were paid, and tax forms from the last two years. The employer will probably have to verify that, and if she has been treating you as employees, she will have to pay back half your taxes and she will have to revamp her system. Of course, you probably would REALLY need to find another job before all that hit the fan.

It really shouldn't be your problem if you let the IRS handle the legalities and you walk away. I certainly wouldn't bother with getting a lawyer, though. They charge you an hourly rate, and it WILL be your problem to prove it all. Walking away completely would be better than that stress, and the other MT's are all adults who can take care of themselves.
 


My husband and I were just talking about all this. We agree with you that we should let the great powers of government handle it. I'm going to go ahead and do the 2 massages and let that be put on the record (more amunition).

You are right that if I go to a lawyer it is all on me to prove. As you said this way I can walk away, which I fully intend to do as more of our plan takes shape. I probably won't be able to soak there anymore - but it is a public place and if I didn't break any soaking rules mmmmmmmm.......... ':wink:'

Thanks again for talking this thru with me!
 


Let us know how it works out! It sounds like you have a good handle on it.
 
Handing in my notice tonight!

Hi everyone! An update....I'm handing in my notice tonight. They are not interested in independant contractors. They want all the therapists to be employees. Their offer - $100 to be on the premises for 6.5 hours. If we get massages they will pay us our % and make up to the $100. If we get more than 3 massages in a shift we get our $ from the massage ($120) If we are not doing massages we are expected to do tours with customers, mop the floor, take hot spring temperatures, help housekeeping make beds & vaccuum, wash windows, and anthing else we see that needs to be done. 6.5 hours is a potential 5 one hour massages. I'm good at 3, tiring by 4, and exhausted at 5. We asked about lunchs and were told that we did not get one! State law says we do 5+ hours on shift we get 30 minute lunch!!!!

We can be contractors but we are last to receive shifts and only for fill in.

Anyway, I'm a professional. I would have taken a housekeeping job if that is what I wanted!!!!

Thanks everyone for your input.
 
Handing in my notice tonight!

good for you that you have decided that this situation is not for you.
one door closes, and another one will open. good luck to you.

Unbroken Chain said:
I would have taken a housekeeping job if that is what I wanted!!!!

exactly
 


I'll be watching to see what your much better situation will be, soon! ;) (And I want to hear what the IRS has to say about the taxes from the past two years!)
 


I used to live in Pagosa Springs so I understand the whole hot springs resort "do every job" mentality. Do you plan to stay in Ouray? I know commuting from there sure isn't easy, especially in winter! Good for you for leaving an unhealthy situation! A new door will always open up.
 
You need to stop immediately.

A few things about your post concern me as a business coach. Let me start off with this...

First, you need to stop working immediately in that office until you have a signed contract. You can find a sample contract at http://www.sohnen-moe.com under Free forms. Cherie is an excellent wealth of information, and I advise you (for free :D ) to use her site. If the spot where you work won't provide a contract...it's your responsibility to write one. You SHOULD NEVER work as an independent contractor without a contract. Period.

Secondly, independent contractor information isn't a state thing...it's a FEDERAL thing. So, go to http://www.irs.gov and peruse the site for the information you need. Your hiring agent is skirting the edge of treating you like an employee with the benefit of not paying SSI/Medicaid on you. This needs to stop. You are either EMPLOYED, SELF EMPLOYED, or UNEMPLOYED. There are guidelines to each one.

Next, and last, it concerns me greatly that you are making 'below poverty level' in a profession that is the largest growing healthcare field in the country right now. This should not be happening. You need a seriously critical assessment of your business and where you need to turn it around in order to have a lucrative career.

If you need help, let me know.

Yours truly,
 


I wanted to thank everyone for their support. I haven't been on the board for a while so did not see some of the posts.

Update: I did quit there after I sent a two page professionally written letter. From what I've heard the therapists are now employees and doing other "stuff" when not massaging.

The good news is I'm doing a few massages at home. But the best part is that I just bought a business! It is a vacation equipment rental business that rents cribs, high chairs, toys, etc. to families on vacation. And the best part is that I'm going to offer on-site massage to the parents! The kids get stuff so why not the parents. I'm looking forward to a new path in life and think it will be fun!

Thanks again everyone!
 


Congratulations!! That sounds like a great business combination for you!
 
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    Lucky Wellness Center 4379721888 295 Eglinton Ave E,Unit 7,Mississauga Suki and Amanda works
  29. EMSpa_schedule:
    Here's tomorrow's sneak peek: For Friday January 10, 2024, our attendants will be Ada ๐Ÿฅฐ, Opal ๐Ÿค—, Cici ๐Ÿ˜˜, Vicky โค๏ธ and Christina ๐Ÿ”ฅ And our raffle promotion is still on! Call 905-479-6668 to book!
  30. lovefeetspa:
    Love feet spa ๐Ÿ’‹๐Ÿ’„๐Ÿ˜3641 wolfedale road Mississauga we have Vietnam girl and China girls we do relaxing massage deep tissue massage full body massage prostate massage 100% no hurry we girls hand soft body very smooth be make you happy phone โ˜Ž๏ธ 4169890520
  31. Soul Relax Spa:
    โœจ Looking for a relaxing escape? โœ… Meet๐ŸŒธLuna๐ŸŒธRebecca๐ŸŒธHellenCall us today for the best treatment and service experience. Click on our Username and FOLLOW US for updates ! Call now โ˜Ž 289 - 298 - 5662โ˜Ž๏ธ Your ultimate relaxation awaits! โœจ
  32. Shangri-la Spa:
    ๐Ÿ’†โ€โ™€๐Ÿ’–Thursday ๐Ÿ’– Ultimate destination for Asian massages๐ŸŽ‰ Two fab spots: SL Richmond Hill & SL West Oakvilleโœจ Your passport to paradise with 10 enchanting girls fr China, HK, Japan & Korea โ€” , Selena, Coco, Yoyo, Tina, Yui, Cici & Dorisโ€” ready to pamper you๐ŸŽ๐Ÿ Ring us ๐Ÿ“ž647-695-6354 or text ๐Ÿ“ฑ647-578-8169โœจ 160 East Beaver Cr., Unit 12, RichmondHill ๐Ÿ’ฐWhere Eastern charm meets Western comfort - your bliss awaits๐Ÿ™Œ
  33. New spring spa@:
    ๐Ÿ’–๐Ÿ’–Sexy hot ๐ŸŒนJapanese ๐ŸŒนSingapore ๐ŸŒนgirls working ๐Ÿ’‹๐Ÿ’‹at Nu spring spa ๐Ÿ‘โ˜Ž๏ธ416-669-8508๐Ÿ’–๐Ÿ’–
  34. Golden Sunshine Spa:
    โœจClick on our Username and FOLLOW US for updates and special services ! โœ… Today๐ŸŒธIsabella๐ŸŒธCassy๐ŸŒธSusan๐ŸŒธTina๐ŸŒธTania Call us โ˜Ž 905 - 265 - 2158โ˜Ž๏ธ Your ultimate service awaits! โœจ
  35. Red Rose Spa:
    ๐ŸŒธ We have 13 hot brown girls today ๐ŸŒธ ASHA, NUR, PRIYA, MONIKA, LOLA LOVE MONICA, AMANDA, LUCY, PREETI, ANGELINA, SARIKA ๐ŸŒธ 2588 Birchmount ๐ŸŒธ 2 Invergordon ๐ŸŒธ 647-702-8800 ๐ŸŒธ Please visit for a great erotic massage
  36. hiyamickey:
    7 girls working at Reinella wellness, address:6262 hwy7 , unit #1 Vaughan, โ˜Ž๏ธ๏ผš905-851-4888
  37. Moneylee:
    All season wellness center: Young girl big boobs beautiful face deep massage Bella ,Young girl big breasted beautiful buttocks charming temperament big boobs coco ,young girl pretty face nice figure Thai deep massage Tina ,Student big boobs buttocks Vicky, Enchanting sexy petite deep massage Sherry ,๐Ÿ address: #5-30 Rambler dr Brampton ,Ontario L6W 1E2โ˜Ž๏ธ4376655510 ๐Ÿ‘„๐Ÿ‘„๐Ÿฆต๐Ÿฆต๐Ÿˆต๏ธ๐Ÿˆต๏ธ๐Ÿ‘…๐Ÿ‘…
  38. Sparkling Spa:
    โšก๏ธ๐ŸŒŸSPARKLING SPAโšก๏ธ๐ŸŒŸ โœ…50 Lockridge Ave Unit 8โœ… ๐Ÿ‘ŒMarkham, ON L3R 8X4๐Ÿ‘Œ โ˜Ž๏ธ (905) 604-8186 Spa Land Lineโ˜Ž๏ธ โ˜Ž๏ธ (437) 446-6688 NEW Spa Cell Phoneโ˜Ž๏ธ (West of Warden & 16th Ave) OPEN 10am to 9pm MONDAY to SUNDAY ๐Ÿ”ฅโœ…NEW MANAGEMENT๐Ÿ’ฏNEW GIRLS๐Ÿ”ฅSUPERSTAR SERVICE QUEENS AVAILABLE AT SPARKLING SPA FOR ALL YOUR MASSAGE AND SPECIAL EXTRA NEEDS๐Ÿ”ฅ๐Ÿ’ฏ๐Ÿ˜˜๐Ÿ”ฅโค๏ธ๐Ÿ‘Œ ๐Ÿ”ฅSEXY NEW YOUNG GIRLS ALWAYS WORKING - Todayโ€™s Schedule isโ€ฆ๐Ÿ”ฅ Mimi๐Ÿ”ฅ๐Ÿ˜˜A captivating and alluring new massage girl from Korea whose elegance and c
  39. Moneylee:
    Full season wellness center: young girl pretty face nice figure Thai deep massage Vivian , pretty face nice figure Thai deep massage Yuki ,Young girl big breasted beautiful buttocks charming temperament big boobs Anjoo ,Young girl Big breasted saucy naughty Ella,Enchanting sexy petite deep massage Mary. 2560 Shepard ave Mississauga unit 1 .โ˜Ž๏ธ4379857899๐Ÿ‘„๐Ÿ‘„๐Ÿฆต๐Ÿฆต๐Ÿˆต๏ธ๐Ÿˆต๏ธ๐Ÿ‘…๐Ÿ‘…
  40. Jennyโ€™s Spa:
    ๐ŸŽ‰๐Ÿ’JENNYโ€™S SPA๐ŸŽ‰๐Ÿ’ โœ…5170 DUNDAS STREET WESTโœ… ๐Ÿ‘ŒETOBICOKE ONTARIO M9A 1C4๐Ÿ‘Œ โ˜Ž๏ธ( 647-893-5196)โ˜Ž๏ธCall or Text โ˜Ž๏ธ( 437-888-3759)โ˜Ž๏ธCall Only (ETOBICOKE) OPEN 10am to 9pm MONDAY to SUNDAY ๐Ÿ”ฅโœ…GRAND OPENING๐Ÿ’ฏNEW GIRLS EVERYDAY๐Ÿ”ฅEXCELLENT MASSAGE + SERVICE QUEENS NOW AVAILABLE AT JENNYโ€™S SPA FOR ALL YOUR MASSAGE AND SPECIAL EXTRA NEEDS๐Ÿ”ฅ๐Ÿ’ฏ๐Ÿ˜˜๐Ÿ”ฅโค๏ธ๐Ÿ‘Œ ๐Ÿ”ฅTWO BEAUTIFUL NEW YOUNG ASIAN GIRLS EVERYDAY๐Ÿ”ฅ ๐Ÿ’ฏREAL PICTURES OF ATTENDANTS๐Ÿ’ฏ ๐Ÿ”ฅTODAYโ€™s ROSTER INCLUDES: Jenny๐Ÿ˜˜ - An exotic tall and slim Vietna
  41. Paxton:
    Any Persian Milf out there?
  42. wonderspa:
    ๐ŸŒบWonder spa(9421Jane st unit127)โ˜Ž๏ธ416-5000-800,L6A4H8.ensuit rain shower available ๐Ÿ’„Sunny is very big boost sexy girl ,she can provide very good massage with sensual touch, nice body slide,๐ŸŒนbeautiful girl long hair Mina can Reduce your pain,back walking,hot stone massage ๐ŸŒนnice friendly Lily strong massage open mind,really popular๐Ÿ”ฅmust try
  43. AliceSpa:
    THURSDAY at ๐—”๐—Ÿ๐—œ๐—–๐—˜ ๐—ฆ๐—ฃ๐—”.4915 Steeles Ave. E, Scarborough ๐Ÿฐ๐Ÿญ๐Ÿฒ-๐Ÿฎ๐Ÿต๐Ÿด-๐Ÿฌ๐Ÿด๐Ÿต๐Ÿด. 3 girls here today at ALICE SPA. Open 10am to 9pm: BEBE (10am to 8pm): is a nice young Korean girl with a natural super busty DD Cup, petite small body, open minded bbby cim cof rim, always cooperative, excellent services. out! KITTY (12pm to 9pm): is a new Korean girl, super busty, small body, new to the business
  44. HollywoodSpa:
    Thursday at ๐ŸŽญ๐—›๐—ข๐—Ÿ๐—Ÿ๐—ฌ๐—ช๐—ข๐—ข๐—— ๐—ฆ๐—ฃ๐—”๐ŸŽญ, 4578 Yonge St, Unit 100, North York, ON: CINDY, JENNY & SISI. โ˜Ž416-222-5554โ˜Ž When you visit ๐ŸŽญHollywood Spa๐ŸŽญ, you will be treated with tender care and your visit will be a fulfilling one. Nice Massage, Young Pretty Girls. We have Chinese, Japanese, Korean & other attendants. CINDY is a slim & pretty lady with long dark hair and a pleasing personality. JENNY is slim, attractive
  45. ForeverWarden:
    Thursday at ๐Ÿซฆโค๏ธ๐Ÿ”ด๐ŸŸฅโ™พ๏ธ๐“•๐“ž๐“ก๐“”๐“ฅ๐“”๐“ก ๐“ข๐“Ÿ๐“โ™พ๏ธ๐ŸŸฅ๐Ÿ”ดโค๏ธ๐Ÿซฆ๐Ÿซฆ2190 Warden Ave, Unit 201, Scarborough ๐Ÿฐ๐Ÿญ๐Ÿฒ-๐Ÿด๐Ÿฌ๐Ÿฌ-๐Ÿณ๐Ÿด๐Ÿด๐Ÿณ: Cindy, Sophia & Tracy. Cindy is a slim beauty, 5โ€™4โ€, natural C Cups & wonderfully long nipples. Her massage is nice, her bbbj will drive you wild & her cfs finish is a dream come true. Sophia is a sweet & pretty Chinese lady with natural B Cups and an awe-inspiring smooth rounded ass.
  46. HolidaySpa:
    Thursday at ๐ŸŒด๐Ÿ˜Ž๐ŸŒ…๐“—๐“ธ๐“ต๐“ฒ๐“ญ๐“ช๐”‚ ๐“ข๐“น๐“ช๐ŸŒ…๐Ÿ˜Ž๐ŸŒด3517 Kennedy Rd, Unit 4, Scarborough โ˜Ž๏ธ๐Ÿฐ๐Ÿฏ๐Ÿณ-๐Ÿฎ๐Ÿฐ๐Ÿณ-๐Ÿญ๐Ÿญ๐Ÿต๐Ÿตโ˜Ž๏ธ: EMMAA, LUCY & CINDY. EMMA is a very beautiful slim Chinese honey with C Cups, beauty face, & nice services to drive you wild. LUCY is a beautiful and slim Asian lady with a happy disposition and great services. CINDY is a slim & incredibly sexy lady with a smile that will melt your heart
  47. SugarLoveSpa:
    Thursday at โค๏ธ๐Ÿ’™ ๐Ÿ’œโŽ๐—ฆ๐—จ๐—š๐—”๐—ฅ ๐—Ÿ๐—ข๐—ฉ๐—˜ ๐—ฆ๐—ฃ๐—”โŽ ๐Ÿ’–๐Ÿ’—๐Ÿ’˜: LUCY, TIFFANY & TINA. 1270 Finch Ave W (at Keele St), Unit 18. North York, ON โ˜Ž ๐Ÿฐ๐Ÿฏ๐Ÿณ-๐Ÿฏ๐Ÿฒ๐Ÿฑ-๐Ÿฎ๐Ÿฒ๐Ÿด๐Ÿด โ˜Ž LUCY is a cute young Vietnamese girl, 5โ€™1โ€, 50Kgs, with a full range of services available. TIFFANY is an amazing slim petite doll with natural 34C melons, slim waist, & a cute little 33โ€ booty. Tiffany has incredible bbbj skills, tastes as sweet as honey
  48. bnwellness_wilson:
    We have 4 girls are working today, young cute Vivian 22โ€™s and young fun Ivy 36DD with big buttocks open mind, pretty EFG Ella and sweet Tina with curve body are providing deep tissue and sensual massage, pls call 416-3985777 book appointment and walk in always welcome, back entrance and parking available. 350 Wilson Ave North York
  49. lotushubspa:
    Spa AD ๐Ÿ’‹Lotus Hub Wellness๐Ÿ’‹ 10737 Yonge St, Unit 13, Richmond Hill, ON (Elgin Mills/Yonge)๏ผŒ 416-356-5876 Good morning, ๐Ÿ’‹ dear customers, today ๐Ÿ’‹ Lotus Spa ๐Ÿ’‹ arranges female masseuses. Different girls work every day. Today there is Lisa.๐Ÿ’ฏ๐Ÿ’‹ from South Korea, Yuki from China, Mary๐Ÿ’‹๐Ÿ’ฏ from Taiwan. Please call 9052375885โ˜Ž๏ธ๐Ÿ’‹ or 4163565876๐Ÿ’‹ SMS address 10737 Yonge St unit13 lotushubspa Post #366 Jan 2, 2025 Forum
  50. Endless Joy Spa:
    โœจโœจโœจโœจโœจ[GRAND OPENING]โœจโœจโœจโœจโœจ ๐Ÿ’žEndless Joy Spa๐Ÿ’ž ๐ŸŽ‡ (155 East Beaver Creek Rd Unit #8, Richmond Hill) 416-731-8565๐ŸŽ‡10am-2am, New First Day Young Slim Sexy Chinese Faye, Slim Petite Chinese Vivi & Slim Sexy Chinese Coco & Young Slim Sexy Chinese Jasmine
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