Legal Question in Employment Law in New Jersey

Contractor's/Employee's false claims
I opened a small pet sitting business in March of 2005 and gathered about 11 contractors to help with the pet sitting.

Both the contractors and I put out flyers. Customers called me and I called the pet sitters in that area to see who wanted the job.

The contractor got 50% to 70% of the fee. Any remaining contact with the customer was initiated by the contractor.

We had set prices but the contractor had the ability to offer a discount, reduce the price, add services such as litter box cleanup, etc.

I had a verbal altercation with two of the contractors over a client that they were working on so they got me back by going to the NJ department of labor, claiming that they were ''employees'', not contractors and claiming that I did not pay them. Now the DOL is after me to pay ''unpaid wages'' of which there are none, payroll taxes, insurance, etc.

I have no proof that they were not due commission other than the absence of a customer check deposited in the business account.

Since these contractors manipulated this situation in order to hurt me.... (I had to threaten to press charges previously), I would like to get out of this without having to pay fines. I would also like to sue them for emotional/financial damage

Asked on 12/11/05, 10:20 am

Edward Fronczkiewicz, Jr. Miksch and Fronczkiewicz

0 users found helpful

0 attorneys agreed

Re: Contractor's/Employee's false claims

The contractor-employee test is a mutli-pronged test that is very fact sensitive.

A careful review of the agreement and actual working conditions would have to be done in order to determine your liability, if any.

I have signifigant experience handling these types of cases (I spent six years w/NJDOL)and I have a good understanding of the process.

If you would like a free consult concerning this matter please contact me.

Regards.

Answered on 12/11/05, 10:50 am

Keywords

Match Any Match All

Country

State

Area of Law