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  #11 (permalink)  
Old 05-12-2012, 05:27 AM
beanandpumpkin's Avatar
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?? I've been doing regular work for one of my clients for... well, maybe only about 7 or 8 months, but it's definitely regular work, and it shows no signs of stopping/slowing down. All except two of my regular clients are localish... within the state, and I do weekly work for a bunch of them. I had no idea that that could even be considered an issue! :O
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  #12 (permalink)  
Old 05-12-2012, 05:31 AM
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Anng,

Is there a contract you signed with him that perhaps shows you were being paid per article rather than a set amount of hours? Or some kind of paypal proof where he left a note on one of the payments saying it was for a set amount of articles? I have done tax prep work for years and when I was with H&R Block I had to sit in on some audits. We had one that dealt with a very similar issue to the one you describe. In that case the contract that stated the payment per article (in this case it was per clothing...for a seamstress company) was enough to show it was obviously not hourly or set pay. Also, they had backup of a paypal payment that had notes from the client saying "for clothing" and such. Maybe that would help.

If you don't have either of those then it is on the client to prove any tax liability for unemployment. They are the ones that have to keep the payment information and contractor status info and anything you do with other companies is not required unless you are asked by an attorney with the proper subpoena paperwork. Your NDA's really have nothing to do with it since it is a case of what you want to supply. If you don't want to or can't legally then tell them they will need a subpoena. But at the end of the day its up to the client to prove you were a contractor not you.

Eidited to add that your other work has no bearing on what you did for him. What you worked for one has nothing to do with what you worked for another. He is the one being brought up for unemployment taxes unpaid. He has to prove that you were a contractor when you worked with him. What you did and who you did it with has nothing to do with it and honestly they know that. NDA has nothing to do with it. Your work history has no legal bearing with it either. He probably said to his legal or audit team that you could prove it because he didn't have the info that honestly is his place to have.

Last edited by jwinter; 05-12-2012 at 05:36 AM.
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Old 05-14-2012, 05:58 AM
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Quote:
Originally Posted by jwinter View Post
Anng,

Is there a contract you signed with him that perhaps shows you were being paid per article rather than a set amount of hours? Or some kind of paypal proof where he left a note on one of the payments saying it was for a set amount of articles? I have done tax prep work for years and when I was with H&R Block I had to sit in on some audits. We had one that dealt with a very similar issue to the one you describe. In that case the contract that stated the payment per article (in this case it was per clothing...for a seamstress company) was enough to show it was obviously not hourly or set pay. Also, they had backup of a paypal payment that had notes from the client saying "for clothing" and such. Maybe that would help.

If you don't have either of those then it is on the client to prove any tax liability for unemployment. They are the ones that have to keep the payment information and contractor status info and anything you do with other companies is not required unless you are asked by an attorney with the proper subpoena paperwork. Your NDA's really have nothing to do with it since it is a case of what you want to supply. If you don't want to or can't legally then tell them they will need a subpoena. But at the end of the day its up to the client to prove you were a contractor not you.

Eidited to add that your other work has no bearing on what you did for him. What you worked for one has nothing to do with what you worked for another. He is the one being brought up for unemployment taxes unpaid. He has to prove that you were a contractor when you worked with him. What you did and who you did it with has nothing to do with it and honestly they know that. NDA has nothing to do with it. Your work history has no legal bearing with it either. He probably said to his legal or audit team that you could prove it because he didn't have the info that honestly is his place to have.
Thanks for that info. I've been sticking firm to the "I'm not giving out other info" other than giving them names of clients who are defunct at this time. The one client that I did give them is his mother since she's the one who recommended me to him. I worked for both of them at the same time.

I do have a contract with him, it shows that I get paid a set amount of money per week for doing the work on a list he'd send me on Friday. It doesn't list that I was technically paid per article or per hour... If I absolutely have to go get it out of the filing cabinet I will, but this point, I'm annoyed that they're making it seem like they're faulting me for having dared work for him. My husband says that he doesn't think the investigator means it that way, but her attitude and tone from the very start have been overly aggressive and at times comes off as rude, so it puts me on edge when dealing with her.
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Old 05-14-2012, 06:01 AM
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Quote:
Originally Posted by beanandpumpkin View Post
?? I've been doing regular work for one of my clients for... well, maybe only about 7 or 8 months, but it's definitely regular work, and it shows no signs of stopping/slowing down. All except two of my regular clients are localish... within the state, and I do weekly work for a bunch of them. I had no idea that that could even be considered an issue! :O
And that's how I felt and still feel. I pay my taxes, I claim very few business expenses because I don't have a home office and my computer isn't just used for business. I worked with an accountant setting up my tax payments/savings system. She verified that as a contractor I don't have to file as a business. I thought I'd covered all the bases, but this "investigation" of another client has definitely shaken up my views a bit.
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  #15 (permalink)  
Old 05-14-2012, 10:26 AM
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Anng,

No problem. I used to hate it when someone would come into an audit and had hired freelancers then try to put it on them to prove they were freelancers. Um...nope. It's on the client to prove it. The good news is that if it shows in a contract you were paid weekly or whenever for a set amount of articles rather than hourly or for a set schedule of hours you are golden. Give them a copy of the contract and go the extra step and print out from the us.gov sites a copy of what an employee is vs a contractor. Point out that your contract clearly shows a set payment for articles and does not require a set number of hours or a set time schedule. That is all they need. Seriously. If they ask for more tell them you want an actual warrant for the information.

Sorry if I hijacked the thread I just wanted to make sure that information got to you and anyone else going through the same issues.

Overall, NDA's aren't bad. The trick that I have found with them is to make sure they are backed with a contract that clearly shows you are a contractor. Even put it in your contract or have them add it to theirs if it isn't there. Also make sure NDA's and contracts state they are purchasing the full rights to the content or you are purchasing full rights to the content and as soon as money exchanges hands for all legal purposes they or you is the owner (depending on if you are paying for overflow work or not). If you are passing the work you sent out to another client just make sure that you have a contract with that client stating pretty much the same thing. Basically no names given at any time because the contract states who ever buys it owns it.

God I hope that made sense.
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  #16 (permalink)  
Old 05-14-2012, 11:55 AM
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I've written for many websites in the past couple of years but have never been asked to sign an NDA. However, I've always assumed that confidentiality is part of the arrangement, and keep all details quiet. That might also be because I also have my own website so I "get it".
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