We have all seen Independent
Contractors file for Unemployment Benefits after terminating their contract. The challenge to get these claims dismissed has become more difficult, and even if you are successful, the fact that a claim was filed is now shared by the benefits department with the Department of Revenue (DOR) at the state DOL. Once the DOR learns of the filed claim there is a very good chance they will now want to audit the last 3 years use of Independent Contractors. Once the audit is performed, if that state has an MOU with the US DOL and the IRS then your information will be shared on a federal level as well. In today’s environment, with these
types of efforts, it is not uncommon to see a company audited multiple times by multiple agencies. These situations become very costly to defend and if lost the stakes are extraordinarily high! So the question is… now what? The answers to this very complicated situation are actually somewhat simple…
• Pay Attention – Take a close look at your operation and make sure all of the “I’s” are dotted and the “T’s” are crossed. Bring in professionals who know this area of business and let them help you align your practices with the law and agency tendencies.
• Be Involved – Regardless of what is happening today this country is still run by the people who elect officials to represent us. Learn what is happening, get involved and make sure your voice is heard. Don’t get steamrolled by complacency.
• Fight Back – Once you get your house in order don’t be afraid to fight. Remember, case law and legislation is on your side. Though fighting can be costly, in the long run it puts good facts on the record which can protect your company and the industry long-term.
Remember, this country and
our industry were founded on the entrepreneurial spirit. The ability for an individual to wake up every day and decide they want to start a business is what makes this country so great! The use of Independent Contractors is not illegal and we need to make sure this is not changed and our story is heard.
Arizona Trucking Association 2012 Yearbook
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