To the Editor:
I am not personally familiar with the situation at Maine Float-Rope Company, but I am versed with laws and expectations surrounding contracted workers.
The IRS definition reads as follows “The general rule is that an individual is an independent contractor if you, the person for whom the services are performed, have the right to control or direct only the result of the work and not the means and methods of accomplishing the result.”
In layman’s terms this means that Ms. Johnston cannot have used Mr. Smith as a contracted employee.
He worked in her office, managing aspects of the business with a set schedule plus materials and instructions from her. If he also supervised others, took orders and was indeed the General Manager, she most certainly had control over the means and methods used.
Contracted workers must have a signed agreement, in which rates of pay and dates of payment expected are noted. There is no exception saying that contracted workers can be paid “differently” or under some other agreement, such as goods in lieu of pay, unless this is also agreed to in writing.
All government tax deductions, employee withholding statements and 1099 forms are legally required to be in the hands of the contractor or the employee by the end of January each year.
I wonder if this was the case here. The people who did the work for her, whatever definition she might choose to use, are required to be paid on time and on schedule. If there were no contracts, there were no contractors.
Eleanor C. Busby, Nobleboro
