My boss is insane!!!!! He knows nothing about computers and assumes

[NoSheep]

I don't either!!! Can you imagine trying to get a job reference from someone who has no idea what your job qualifications are!???!!!
I've run his business for him for 2 yrs now. My hands are on a keyboard all day long. He's also a stingy-ass republican who pays me as an independent contractor so he won't have to pay his share of taxes. I'm going into debt working for this hateful fucker. Last year I had to finance 3000 in taxes on a credit card. That amt is what he would have paid to match FICA and SS. THIS year, I'm financing it with the IRS. 100 per month for 3 YEARS!!!!!!There are NO jobs to replace this one. Like many, I'd be homeless if I quit. BTW, he's also a......."CHRISTIAN"!!!!!
(Pant, pant) AAAARRRGGGGHH!!!!
:grr: :scared: :cry: I need encouragement!!!!

[Stephanie]

1. is that legal?

report him to the IRS

[TahitiNut]

16. Nope, it's not.

Particularly if the "contractor" acts as a supervisor or makes business decisions (rather than recommendations). Way back in the late 70's, in an amendment to a COBRA (Budget Reconciliation Act - Revenue Act of 1978 § 530(a)(1)), Sen. Pat Moynihan required long-term, exclusive 'contractors' to be employees of either the (sole) client or a 'safe-harbor' company that paid the employer's share of FICA. The amendment, supposedly targeted at agribusinesses who 'hired' their field labor as 'contractors' and evaded all FICA taxation, wound up decimating the army of MIS/IT contractors - placing them in the corrals of 'manpower' shell businesses who'd take 25-40% of the hourly compensation for providing essentially trivial bookkeeping. These 'manpower' companies typically had cozy little relationships with the Accounts Payable management of major companies, companies with often-politically-inspired "approved vendors" lists. Indeed, the ownership of these shell companies was often interlocked with 'client' companies, essentially creating labor holding companies.

The IRS has a 'litmus test' of such employment relationships - essentially a two-tiered questionaire. Among the things examined are the length of the contract (over 18 months?), whether there's only one client company, whether the 'contractor' supervises employees or has signature authority, and several other questions. Suits have been successfully filed for back benefits - including the employer's share of FICA taxes.

See http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
and http://www.topechelon.com/jobseekers/contractor_bigdeal.htm

[NoSheep]

21. I'm starting to feel empowered!!!!!

[TahitiNut]

22. You should. Sounds like you've got 'im by the neck.

Collect documentation. Collect email. Collect copies of relevant papers. Take contemporaneous notes in a personal spiral notebook. Keep a file at home.

That last piece of advice (notebook) is the single most potent piece of advice I could give any worker. Write down everything. Every conversation. Every snide remark. Every order. Every request. Log hours worked. Log calls taken at home. Everything.

If ever asked, just say "I take personal responsibility for remembering everything I'm asked to do."

[DulceDecorum]

2. If you can that business

can you start one up just like it?
:evilgrin:

[dolo amber]

3. Heeee...sounds exactly like my boss

Trouble is, my boss owns a computer repair business... :freak:

Hang in there. ;)

[lpbk2713]

4. Been there, done that.

Very frustrating working for someone who is clueless as all hell.

[Dogmudgeon]

5. Everybody has a weak spot

With a little effort, you can find your employer's weak spot -- the law he breaks every day, the fear he avoids confronting, the hypocrisy he commits.

Once you've found it, figure out a sneaky way to use it to pull the rug out from under the guy. Often, nothing worse than blackmail is required.

Have fun!

--p!

[NoSheep]

9. I like the way you think!

I could get him in trouble with the IRS for sure, but then I wouldn't have a job! I need him for a reference when I leave so I can't piss him off, although I doubt seriously he would be a good reference because he is such an idiot!
I wish I could get him without him knowing it. Have you ever been in such a spot? and what did you do?
This guy is rich, proving the wealthy are not necessarily the A students. Just good liars and thieves. (Not all of them, but this one sure is-GWB's twin)

[China_cat]

12. With this type of person

don't count on a good reference when you leave even if you've done nothing but ass kiss for 20 years. He's going to be pissed off that you left and it's going to cost him a lot more to replace you.

Been there, done that, know the drill...too well.

[Dogmudgeon]

13. Some notes -- the job, the reference

First, you want to "have him by the short hairs", not necessarily take him down. It's about power; destruction is usually best saved for last-ditch brinksmanship or revenge. The best use of power, by the way, is when the least amount of power is needed to make the largest change.

All situations are unique, so I really can't tell you what I would do.

Second, if an employer slimes you in their reference, you can sue, and sue big. It's a form of defamation, and it's passed court review several times. It's one the reasons Conservatives whine so much about Personal Responsibility -- they want to keep you ashamed and weak.

Third, the IRS has a set of questions they use to determine whether a person is a private contractor in reality, or not. I suggest you look around for this list -- it's an official IRS publication -- and make a copy to quietly leave around the office. You could also call the IRS and request a copy be sent in your boss' name. No fuss, no threat, just an informational booklet in the mail.

I've been bullied by bosses several times. Almost always, all it took was for me to show a little steel in my spine -- just a hint. The bosses got the picture, and the shabby treatment stopped immediately; usually, the bosses then took the time to cultivate our friendship. I consider this to be a normal part of human behavior in power-ranked organizations. Chances are your boss is oblivious to his misbehavior.

You would do well to take the attitude that you can change the situation, and that you are the one with the real power in it. Just making the mental shift is frequently all you need.

If it helps, keep in mind that you're not being oppressed by a more powerful, more intelligent enemy, but dealing with a functionary who knows so little about organizational power that he flops around like a beached whale. You just happened to get in the way of the tail fin.

--p!

[TahitiNut]

17. See ...

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

http://www.topechelon.com/jobseekers/contractor_bigdeal.htm

[NoSheep]

20. Very helpfull-Thanks!

[NoSheep]

19. Thank you for your helpful thoughts. I really appreciate it!

[Orangepeel]

6. how about going into business for yourself?

if you are independent contractor, you pretty much already are. If you didn't sign an agreement not to compete with him, maybe you should go out on you own.

Well, if you can't you have my sympathy.

[NoSheep]

8. I was hired as a full charge bookkeeper but I run the whole show.

We sell DVD's that he owns the right to. I am NOT really an independent contractor. He just pays me that way. I've thought of starting my own bookkeeping business but it is very hard to charge enough .

[Orangepeel]

11. oh, too bad

well, good luck! I hope you find something better soon.

[uncle ray]

14. i found the problem!

you're an HONEST bookkeeper! geez!

start stealing from the prick!

[wildmanj]

7. encouragement

short answer---QUIT

[NoSheep]

10. I want to but jobs are scarce. I'm applying but there's so much

competition. It helps to hear that though. This is almost unbearable. The worst 2 years of my life.

[movie_girl99]

15. oh i so sympathize with you

my boss is a big steaming POS who also labels himself as a "Christian" complete with the bible on his desk. Get this..were hiring for a position as a driver in our warehouse. He's had probably 20 applicants and goes through them snickering and saying" look at this one" he couldn't spell to save his life" or he'll say something racist. Anyway we had a guy apply last week who is the husband of a lady who also works for our district. He asked me to e-mail someone i know at that school to find out "what color her husband is". I said " no i will not" thats against the law and totally unethical. He told me he would find out anyway. This is not the first time this has happened and I'm sure it wont be the last. I know its not right and i hate working for him. if i thought anything would come of it i would turn him in but our personnel director is a good buddy of his and is part of the good ole boy network. I would more than likely end up being the one without a job and i need this job for the hours. I get off at 3 to be able to be home with my kids.

[TahitiNut]

18. All things come to an end. BE PREPARED TO FILE IRS Form SS-8.

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

Read this:
http://www.mckenzielaw.com/INDEPEND.html
and this:
http://www.topechelon.com/jobseekers/contractor_bigdeal.htm

Build a file! Get written (email is good) documentation relevant to all the questions.


The Internal Revenue Service uses these criteria to determine whether an individual is an employee or an independent contractor. The worker is an employee if...

* You or your representative tells the worker where, when, and how to work.
* You train the worker.
* The business performance depends on the worker.
* The worker has a continuing relationship with the company.
* The worker’s services must be personally rendered by the him/her.
* You set the worker’s work hours.
* The worker works on the employer’s premises.
* You are paid by the hour, weeks, or month.
* You furnish tools and materials.
* You can fire the worker without violating a contract.
* The worker has a right to quit without incurring a liability.
* The worker does not offer the worker’s services to the public at large.
* The worker has no opportunity for profit or loss as a result of the worker’s service.
* The worker has no significant investment in the business.
* You require the worker to submit oral or written reports.
* The worker is a corporate officer.

[ariesgem]

23. I'm in a silmilar situation regarding my boss not paying my taxes

After getting laid off from my job, I was offered to manage 41 apartments for my cheap, greedy landlord in two separate locations. Out of desparation, I accepted the position. I'm an on-site manager at the larger of the 2 comlexes. He pays me monthly to cover a portion of my rent (I have to use that money to re-write a check back to him plus give him $250 from my own money to pay the remainder of the rent due). After doing some reasearch, I'm finding that most apartment managers are getting FREE rent & untilites for managing over 40 units in Los Angeles.

My unemployement checks have since dried up and I still have to find an extra $250 to pay rent, plus money to pay for the essentials - utilities, food, gas, clothes, a hospital bill, etc... My savings is near-depleted.

I now have bill collectors breathing down my neck. One bill collector called my landlord directly and informed him that they were in the process of garnishing my wages working as an apartment manager for him. He called me afterwards and told me that I CANNOT list him as a source of income because it then "creates problems with the IRS". He made me call them back and tell them that I was "self employed".

I do not want to rock his boat too hard with this IRS issue but after reading some of the posts here, I realize that I may have a little leverage to work with in negotiating a decent salary or to keep from being tossed out on the street.