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Discussion Starter · #1 ·
Ive been doing work for an independent company since the beginning of April 2013. The company Is in the state of georgia. They have been working me as a Sub-contractor (I am a 1099 Employee) but im not liscenced. They tell me my hours and my rate of pay. I use the companies tools and i also ride in the companies vehicles to and from the job site. I Know they are screwing me over but didnt know that until a month ago. My brother also works for them and we are in the same boat. My brother and i had done a mold job for them in January. We had to go under a crawlspace and remove all the fiberglass insulation from the rafters under the house initially. Me and my bro had gotten a little sick the first time we went under there. They told us the mold wasnt active when we started the job. The next time we went under there we had to clean mold from every inch of the crawlspace. There was mold everywhere on the rafters, The wiring, plumbing. most of it was completly black. After that day my brother had gotten really sick. He couldnt breath and he had to go to the hospital. Our employer Who was also our landlord said he wasnt liable to pay the hospital bill. The thing is he knew that both of us was highly allergic to mold and insulation and we had told him that we didnt want to continue to do the work on that job. He told us the day that my bro got sick that if we didnt go under there and do the work that he would quit working us.
Can I Sue him for refusing to pay the hospital bill? He doesnt have workers comp insurance and he has more than 3 employees.
 

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Discussion Starter · #3 ·
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We were never fitted for a mask. We did have a paper dust mask on and a paper suit. The problem is is that they didnt protect us properly. Im not sure if my bro had filled out paperwork but upon us starting work for this company we had given them a list of allergies. my bro went to an allergy clinic and the results had showed that he was allergic to mold. i never went to any allergy clinic but i didnt have to go to the hospital
 

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Discussion Starter · #4 · (Edited)
also upon hiring we were only asked to give them a name and social security number. I guess this was so we could be added to their payroll.
We Never filled out any application for employment.
 

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If you knew you were allergic why did you go into it? If you knew mold is dangerous why did you go into it. Your an adult you have capabilities to say no I'm not doing it.
Yeah.... no kidding. I suppose if you don't live on this planet, you may not know the dangers of mold. But otherwise, it was TOTALLY within your prevue to make the decision on going under there and being exposed to it.

If you had refused and he fired you, then you would very likely have some sort of recourse to go after him. ESPECIALLY, if he is not a certified mold remediation contractor - where you were properly trained and protected doing mold remediation.

As it stands now (IMHO), I don't think you've got any recourse at all. But, I'm not an attorney. You should at least consult one. My guess is, if you do, you're going to lose this job anyway, so what do you have to lose?
 

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Discussion Starter · #8 ·
I didn't know my rights at the time. stupid on my part. Im not the one that got sick. My bro was wanting me to ask around for advice.
 

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Discussion Starter · #11 ·
Which is MAYBE the only thing you and your brother can hang your hat on. Like I said, I would consult an attorney and see what they say.
Ill do that. I wish i had knew my rights at the time. We were always told that we were an employee. But i came to figure out he was passing us off as sub-contractors. Like i said we were using there tools, vehicles. We Even wore there Shirts as advertisment. The whole time we should have been receiving a W-2.
 

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Guitarguy3349 said:
Me and my bro had gotten a little sick the first time we went under there.
This is the problem, you may not of known the dangers the first time but why on gods green earth did you go back for more after your brother or whoever got sick the first time?
 

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1099 and employee are mutally exclusive terms. Youre either one or the other. Sounds like you were an employee. Yes you have your old employer by the balls. Hes an idiot for not paying your 700$ bill and being done with you. He is in violation of labor and tax law and probably osha too.

All that being said, you made a deal and agreed to do the work for a given amount of money. Youre hanging your hat on a little mold stuffing up your nose because You didnt bother to protect yourselves? Give me a break. The sooner you realize you are responsible for the situations you put yourself in the better off everone else will be.
 

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Californiadecks said:
This is the problem, you may not of known the dangers the first time but why on gods green earth did you go back for more after your brother or whoever got sick the first time?
Things we do for money . $$&
 

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Discussion Starter · #16 ·
Personally I think this is your fault. The guy is a scumbag no doubt, but don't play the ignorant card. Lastly if you're in a crawl space they would be joists, not rafters.
Yeah. I get things like that mixed up sometimes. I Did however quit working for the guy. I dont trust him anymore. There has been times he has shorted my pay. If i could tell you all the Bs that has happened since working for him I wouldnt even know where to begin. Good thing i got out of there while i did. I have even talked with past employees since then and they tell me that he has screwed them over as well.
 

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This is the problem, you may not of known the dangers the first time but why on gods green earth did you go back for more after your brother or whoever got sick the first time?
Maybe they trusted the protective gear without realizing it was inadequate. I'm not letting the employer off on this story. My hat's off to these guys work trying to earn a living. Yes, they're in the dark, but they tried to put some faith in the employer's expertise.
 

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Discussion Starter · #18 ·
Maybe they trusted the protective gear without realizing it was inadequate. I'm not letting the employer off on this story. My hat's off to these guys work trying to earn a living. Yes, they're in the dark, but they tried to put some faith in the employer's expertise.
That is exactly what went on. The time my bro got really sick we even wore extra layers of clothing and and extra mask. If i told you everything that happened from my time starting work between quitting it would Piss you off so bad you would want to kick his *** for me.



He was also screwing us over on rent. He is a complete crook. That is another thing id like to talk to you guys about but im not sure if this is the website for that.

I have talked to afew judges and they tell me if i sued him i would definitely have a case. I really dont want to sue him bc he has a family he has to support.
 

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Discussion Starter · #19 ·
1099 and employee are mutally exclusive terms. Youre either one or the other. Sounds like you were an employee. Yes you have your old employer by the balls. Hes an idiot for not paying your 700$ bill and being done with you. He is in violation of labor and tax law and probably osha too.

All that being said, you made a deal and agreed to do the work for a given amount of money. Youre hanging your hat on a little mold stuffing up your nose because You didnt bother to protect yourselves? Give me a break. The sooner you realize you are responsible for the situations you put yourself in the better off everone else will be.
Like i Said i did try to protect myself. youre sayin i didnt. read the post fully.
 

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Guitarguy3349 said:
That is exactly what went on. The time my bro got really sick we even wore extra layers of clothing and and extra mask. If i told you everything that happened from my time starting work between quitting it would Piss you off so bad you would want to kick his *** for me. He was also screwing us over on rent. He is a complete crook. That is another thing id like to talk to you guys about but im not sure if this is the website for that. I have talked to afew judges and they tell me if i sued him i would definitely have a case. I really dont want to sue him bc he has a family he has to support.
Ugh seriously? What if you just grew up and took responsibility for yourself. You clearly state "he" knew you were allergic so that also means you knew ahead of time but you still decided to do the job anyway.

"Hey Judge I know I'm allergic to bullets but that guy said I had to take one..."

Does the guy possibly suck for either not training or verifying training before hand? Sure, but how does that equal screwing you over? Did he pay you as agreed? Did he force you into work every day? The last thing we need is more people running around suing others.
 
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