By Law, Tommie Jones is not a Consultant and he needs to complete an application

Independent Contractor/Consultant Agreement (Pro-Client) (FL) ›

Independent Contractor/Consultant Agreement (Pro-Client) (FL) A Florida-specific independent contractor agreement between an individual contractor and a client company for consulting or other services. This Standard Document is drafted in favor of the client company and is based on federal and Florida law.

Title XIX

287.055 Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties.—

• Florida uses a “right of control” test to determine whether a worker is an employee or independent contractor in most areas of the law. Florida courts have adopted a number of criteria to aid in making this determination. The criteria include:

• The extent of the right of control by the employer over the details of the work;
• Whether the person employed is engaged in a distinct occupation or business;
• The kind of occupation involved, and whether the work is done under the direction of the employer or by a specialist without supervision;
• The skill required in the particular occupation;
• Whether the employer supplies the instrumentalities, tools, and the place of work;
• The length of time the person is employed, and
• Whether the work is a part of the regular business of the employer.

Misclassification of Workers
“Misclassification” refers to a worker who is an employee under the law but is incorrectly classified as something other than an employee (usually an independent contractor). Most federal and state labor laws protect workers who meet the laws’ definitions of “employee.”
Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination.

Also, factors which are relevant in one situation may not be relevant in another. The keys are to look at the entire relationship, consider the degree or extent of the right to direct and control, and finally, to document each of the factors used in coming up with the determination.

An independent contractor must maintain a separate business, with his or her own location, equipment and vehicles.An independent contractor must be furnished their own Federal Employer Identification Number unless they are a sole proprietor
. Mr. Jones does not have a separate consulting business unless he is using his holding company which he is not Therefore he is not providing general liability insurance, professional errors and omissions insurance nor workers compensation insurance of which he as one individual is exempt under the Florida law.

The independent contractor bills those he or she performs work for and the payment of such work is payable to the business and not to an individual.If he is using the holding company and billing the Town of White Springs, he could be a consultant….or if he is a sole proprietor. However, a consultant is considered a “Professional”and Mr. Jones was never a manager previously of a Municipality and the definition of professional by statute would not apply My understanding is that payroll checks are being made to Mr. Jones directly and not to his business. Such initial checks have been verified by Joe E. Griffin and Mr. Jones iss being paid as an employee would be paid with the appropriate social security and medicare tax and would be covered under workers compensation in the event of an accident or injury.

The Independent contractor also is one in which has control over the hours, the days and the work which is being performed.
Mr. Jones was told by Mayor Helen Miller as to the hours he would work each day so therefore this would signify that Mr. Jones is an employee (Town Manager) and not a consultant.

Others maintain no control over the independent contractor’s work as they do in the case of employment. Mr. Jones currently follows the orders of Mayor Miller and other council members. He has no control over what he wishes to do but must follow the dictates of the council. He is told what he is to do; to whom he should speak; what results are required and when he should report to the council.

An independent contractor also must have more than one bank account for the purpose of paying business expense or other expense related to the services rendered or the work performed. One would have to determine if he is using a holding company second account or whether it is a sole proprietorship account. That is not the case because he is receiving a check from the Town whereby even deductions are taken out as if he were an employee and his office is at Town Hall and he has been told what hours he works.

The independent contractor performs work at his or her own election and does not have the necessity of completing an employment application or process. Since Mayor Helen Miller has deemed Mr. Jones an Independent contractor /Consultant, the council and our Town attorney have stated he is a “consultant” and therefore does not have to complete an application. The Only reason we believe for this is because the Town officials do not wish to show his checkered past of which he may have lied in part about it. The council has stated at meeting how they are happy with telling Mr. Jones what to do and Mr. Jones does it rather than Mr. Jones being an actual Town Manager and actually making decisions in accordance with his position under the Town Charter.

Although he has not completed an employment application or process, he does not work at his own election and has the necessity of answering to the council and the mayor as to what has been done with their dictates. He has also been given the responsibility of being able to hire, fire and discuss job opportunities with others. Therefore, he is the Town Manager and not a consultant and should fill out an application.

Thus Mr. Tommie Jones is an employee and in accordance with the law should complete an employment application and be allowed to handle his Town Manager position in accordance with the Town Charter. As of now, all he is doing is abiding by the decisions of Mayor Miller and the Council who tell Mr. Jones what he may or may not do, who he may speak to, and what is is required to do while paying Mr. Jones as an Employee. Mr. Jones, then m ay even be denied Workers Compensation insurance in the event of an accident by the council and Mayor Miller since they refuse to believe they are not wrong and he, Mr. Jones, is an independent contractor.

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