Interesting HR Situation - Comments? Experiance? Advise? - Contractor Talk - Professional Construction and Remodeling Forum

SDI · 05-31-2009, 12:12 AM

Just started a new tear down / custom build project in Washington State. The homeowners are all about building green I've been taking a different approach to the demolition. I hired a guy off craigslist (1099) to help take apart all salvageable items within the home and then advertised them online for free. This ended up being a big hit but towards the end... a snag.

The guy I hired was not on the jobsite when I showed up for a progress check Wednesday. While this irked me, I figured he could just be taking a break, and having to get to a meeting I left it at that. Thursday morning I got an e-mail from 'this guy' stating that he was at work X days but has to leave town because his mother just died, mail the check to X PO box. I didn't think much of it, notated the info for Friday's checks. During the day Thursday, Friday, and Saturday I began receiving voicemails from a woman claiming to be his wife wanting to know where his money is giving me every sob story in the book. A quick trip to the office tonight resulted me finding his check in the outgoing mail stack for Monday. For whatever reason I decided to google this guy and found he's been in jail since Wednesday! Further court searches offer up dozens of legal actions against him including a no contact order with his wife.

Soo.. uhh. What the hell should I do? Never been in any situation like this before!

Thanks Guys

Chris Johnson · 05-31-2009, 12:45 AM

First off be careful with the 1099, the guy is not licensed, so he is an employee making you bound by employer/employee rules, i.e. W.C. and Tax Deductions, etc.

The easiest way California seperates employee vs. sub is no-license, w-4 vs. license, 1099. Pretty simple if you think about it.

The other thing you may wish to look at is the states rules in regards to pay and how it's distributed. Again I can only speak for California, here if the employee handbook I gave out states checks will be delivered on site, than that's where they are delivered to. In my case each employee is responsible to pick up there own check from the office on the 1st and 16th between 4:00 and 6:00pm.

If you are competant the email came from the employee (i.e. previous email correspondance from the same address) I would mail the check out as requested. If this was a first time email I would hold the check until he personally comes to pick it up.

Stay out of the guys personal life and business, you are running a business, what do you care about his wife, ex wife, girlfriend twice removed, etc. She is not the one you hired, you don't know who she is, you should not care.

Next time do a better background check on someone you are hiring.

SDI · 05-31-2009, 01:49 AM

Thanks for the feedback Chris.

Implications with 1099 status noted.

I guess the biggest deal here is that while the e-mails came from the same address before this issue, the e-mails started coming Thursday and he was arrested Wednesday, meaning someone on the other end is using his identity.

I will go head and call our attourney for a good lecture Monday morning but I think what I'll end up doing is mailing a cashiers check directly to the jail for him.

We'll see what happens, just a WEIRD situation!

Quote:

Originally Posted by Chris Johnson

First off be careful with the 1099, the guy is not licensed, so he is an employee making you bound by employer/employee rules, i.e. W.C. and Tax Deductions, etc.

The easiest way California seperates employee vs. sub is no-license, w-4 vs. license, 1099. Pretty simple if you think about it.

The other thing you may wish to look at is the states rules in regards to pay and how it's distributed. Again I can only speak for California, here if the employee handbook I gave out states checks will be delivered on site, than that's where they are delivered to. In my case each employee is responsible to pick up there own check from the office on the 1st and 16th between 4:00 and 6:00pm.

If you are competant the email came from the employee (i.e. previous email correspondance from the same address) I would mail the check out as requested. If this was a first time email I would hold the check until he personally comes to pick it up.

Stay out of the guys personal life and business, you are running a business, what do you care about his wife, ex wife, girlfriend twice removed, etc. She is not the one you hired, you don't know who she is, you should not care.

Next time do a better background check on someone you are hiring.

TxElectrician · 05-31-2009, 06:38 AM

I would deliver the check by the same means I did in the past. If he picked it up, I would wait for him to come get it, if I had been mailing it , I would mail it to the same location.

carolinahandyma · 05-31-2009, 07:23 AM

SDI -- stay out of the personal matters and simply mail the check as the guy requested

greg24k · 05-31-2009, 07:49 AM

First and foremost do you have a WC (written contract)?

Second, did he provide you with a certificate of insurance?

If answer to the first question is NO, then you hired some whack job off the internet.

If answer to the second question is NO, then you not a GC, you just another HO who has to deal with BS by hiring this morons from the Craigslist.

In general, if he did not do the job you both agreed he will do, and I assume you both had the meeting of the minds on the scope of work to be done, then you don't owe him any money. If he is not a licensed contractor, the court can not award him any money, because it is illegal to work without a license in any state that requires licensing. PERIOD.

Just lock the doors at night, incase he will send a few contractors like him on Crack to collect his money

...Be ready