The IRS classifies a worker as an employee or independent contractor depending on how much control a business has over their work. Under a contract employment definition, an independent contractor controls the methods and means of getting work done leaving only the decision to accept or reject the results up to the business/client. Employees are instructed on how, when and where to complete their work, as well as, what tools and equipment to use.
Basically, an independent contractor is an independent business person who runs his or her own business but who does work for another business. An employee is hired by a company to perform specific work at the direction of the employer.
Employees (sometimes called common law employees) are paid as salaried or hourly, on commission, or a combination, and may be subject to overtime. Employees are taxed on their income (they receive a W-2 form showing their annual income), and you must also withhold federal and state income taxes and FICA taxes (Social Security and Medicare) from them. Your business must also make FICA tax payments.
If someone is working for your business as an independent contractor, you don’t withhold federal or state income taxes and FICA taxes from the amounts you pay them. Your business also isn’t required to make payments for FICA taxes. The independent contractor must pay his or her own income taxes (called self-employment taxes), along with income tax on earnings.
WHAT THE IRS LOOKS AT TO DETERMINE AN EMPLOYEE RELATIONSHIP
If an employer trains and directs work, including hours of work, what tools or equipment to be used, specific tasks to be performed and how the work is to be done, the worker is likely an employee. If the worker can set his or her own hours and works with little or no direction or training, he or she is probably an independent contractor.
This factor includes how the worker is paid, whether the worker may work for others at the same time, and whether the worker can incur a profit or loss. A worker who is paid a salary is restricted from working for others, and who does not participate in company profits or losses, is probably an employee.
Type of Relationship
The presence of a specific contract may indicate an independent contractor, but this factor alone is not controlling. If the worker is entitled to benefits, this would indicate an employment relationship. Another factor would be the type of work the person does; if it is directly related to the company’s core work, he or she is probably an employee. For example, a maintenance worker would not be doing ‘company’ work if he or she were working for a bank.
The latest lie told by the town on the Tjj flap is that Tommie is not a town employee but is an independent contractor of the town. This of course is BULLSHIT. As the Acting Town Manager he is allowed to and required to make decisions in the best interest of the town. An independent Contractor Is not allowed to make sweeping decisions for the town or the company being worked for. I was an independent Contractor for a couple of companies I worked for. My job was to drive the truck only. The company told me where to go what to pick up and what and where to deliver. An independent contractor is not allowed to decide these things for himself or his company. The town manager is required to make decisions on his own and no decision he makes doesn’t need to be approved by the Council prior to implantation of the decisions IAW the town Charter and the position description.
An independent contractor DOES NOT HAVE taxes taken out of his paycheck. Are we not going to take taxes (SSI AND federal) out of his paycheck, He is not allowed to have health insurance through the company OR RETIRMENT FUNDS THROUGH THE COMPANY. He is not allowed to make DECISIONS for the company, everything must be approved by the company, in our case the Town Council. According to tHE Charter he, at the present time, not an Independent Contractor.
And most important, to my way of thinking, is that he is responsible only to his boss and not the public./ We let Tebo get away with not being responsible to the Citizens. An independent Contact may not make pronouncements to other real employees. How is he going to function if he can’t tell Pam or any other employee what to do. An Independent Contractor has no authority to make decisions for the town including directing town employees. No it is pure BULLSHIT.
Now all of this is brought on by Tommie Jerome Jones failure to fill out an employee application. Even the trucking companies had me fill out an application to work for them with the understanding that I was an independent contractor. It was required by LAW I believe to fill out the application, for insurance on the truck. TJJ is not required to fill out an application nor follow the Charter or follow the position description in Town documents.
And why won’t he fill out an application you ask? Because to do so will prove that he did a lot more than a few missteps as a child or a young adult. He has made pronouncements to that affect which have been of the BLOG. But the worst thing is I asked for Tommie’s employment application on Monday and Pam said he hadn’t filled it out yet. Again pure BULLSHIT. What happened between Monday afternoon and Thursday afternoon? The town got together, Pam, Stacy, Helen and the attorney, Megan Logan, I believe, had had an out of the Sunshine discussion and decided to hang their hat on INDEPENDENT CONTRACTOR.
All to KEEP TOMMIE JEROME JONES FROM HAVING TO ANSWER THE QUESTIONS ON THE TOWN APPLICATION. Hell, even Townsend filled out an application to APPLY for interim town manager. But TJJ. Why because he is BLACK is why. He was a felon, soon to be proven by the Clerk of the Court for Dade County. He has no voting rights, soon to be proven by the Governor. He can’t run f or office but they want to turn over to him t he KEYS to the Kingdom, a man who has had at least one bankruptcy. And as one of my loyal readers mentioned, he is a drug addict, maybe not using but who knows without a drug test every now and then.
I believe Judge Scaff will see it our way, that TJJ is a town employee and must fill out in full the town’s application. It’s not because he is Black but because he is a congenital liar No other town has an Independent Contractor as its town manager, temporary or not.