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    paulekidd's Avatar
    paulekidd Posts: 1, Reputation: 1
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    #1

    Jun 2, 2007, 06:42 PM
    Subcontractor and Contractor laws
    Hello my name is Paul,

    My father was a subcontractor at newspaper company and became a contractor after the person in charge left. The newspaper company made my father sign a contract without telling him what it was in regards to. However, my father didn't know because he didn't understand or knew what he was signing because English is his second language and it not knowledgeable in certain things. I spoke with one other employee that works with my father and he mention to me that there were certain rules or laws stating that the individual has the right not to sign those documents. The other employee received additional income because he stood up for his rights and he didn't let the corporation boss him around. The corporation knew that they were wrong. Another person has taken over the position of the previous employer, but if my dad is an independent contractor now. What does that mean exactly? Aren't there some rules stating that a person must work to the end of the contract from the previous employer before he can start working for another? I have read some legal laws online and it said to either contact an attorney or the IRS to look over any mislead information given to person. What should my father do? Thank you for your time.

    Paul
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 2, 2007, 06:51 PM
    Ok, first of course he did not have to sign any contract unless he understood it, but that is his right, they did not force him to, he decided to, so the company is not wrong, he was just giving up his rights when he signed.

    And he is subject to what ever the rules in that contract says, I had contracts with 4 different companies at a time, just depends if the contract

    As a independent contractor no taxes are held out of the money he receives, he has to save back part of each check to pay his own taxes and his own self employment taxes.

    I doubt they mislead him, they merely offered him a contract and he accepted it.

    When a company offers a contract, it is always a negotiation, they make a offer and you can accept or make a counter offer, they are not obligated to accept it.

    So unless they held a gun to his head and had him sign a contract, they did not "make" him do anything, they asked him to sign and he agreed to it. Many people sign contracts for all sorts of things without reading them.

    For example as a new member, did you go to the rules and regs of this site and understand the rules before posting? Not exactly the same thing, but gives you the idea. Your dad was excieted on the new contract and signed it.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jun 3, 2007, 07:35 AM
    Hello Paul:

    What does your father WANT to do?? Does he no longer want to work there? Does he want to renegotiate his contract?? Can he? Did you read it?? I'll bet not.

    If he wants to make waves at work (and probably lose his job), he can hire a lawyer to deal with the contract issue. The IRS isn't the place to go.

    excon

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