[mccannable]

Technically sub contractor. When we closed my business down things went less than desirable with my partner. When I came in the next day our sub's folder was on the desk and empty. He took his paperwork. I have sent him certified Mail requestint a new form which he has yet to send. What's my next step?

[P1]

Shouldn't you be talking to a lawyer or something?

[squishy]

Zap his stupid ass with a laser, and steal ALL the food from his pantry

[mccannable]

Originally Posted by P1et

Shouldn't you be talking to a lawyer or something?

That's going to be a step in the near future. I obviously don't have proof that "he" stole it and I really don't care to persue legal action if there is another way around it. I just need his social. I guess I can pay a private investigator to get it.

[bimmerfrk]

Originally Posted by mccannable

That's going to be a step in the near future. I obviously don't have proof that "he" stole it and I really don't care to persue legal action if there is another way around it. I just need his social. I guess I can pay a private investigator to get it.

wow he stole his own w9..... lol that's funny. Check taxes you filed last year...

If it was reasonable amount of money paid to him IRS will find it anyway. Money just doesn't show in a checking account? Did you pay him cash?

[mccannable]

First year employee. Everything is payed in check. I cannot prove he stole it.

[Bobble]

Re-issue, send certified with signature required and get a letter form lawyer along with it stating this is the original legal copy. Do you not have a signed contracting agreement/contract stating how he is paid etc.? I am assuming you are worried about tax liability falling back on your company, I was self employed for 19 years with employees and subs, the paperwork end sucks.

[mccannable]

The only paperwork we had was the required w9 and photo copy of his drivers license..both are gone. And yes I am worried about the hassle of tax liability. I will send one more certified before I start paying my lawyer more.

[UncleWede]

Did you let him know that info was missing, just in case identity theft?

[mccannable]

I only have his address. I am trying to get his phone number from my partner but he is being less than helpful.

[Mr Tonka]

Originally Posted by mccannable

First year employee. Everything is payed in check. I cannot prove he stole it.

What are you worried about, not having data for 1099?

[mccannable]

Originally Posted by Mr Tonka

What are you worried about, not having data for 1099?

Yea. I need his social

[954Stealth]

You should start scanning documentation and creating a digital employee database

[justinnum1]

yea, why are you not keeping digital copies of stuff?

[Mr Tonka]

Originally Posted by mccannable

Yea. I need his social

Is he incorporated? Like John Doe, Inc? Maybe you can look that up on sunbiz.org.

Most of my subs incorporate so they can get a legal Work Comp exemption.

[_Ryan_]

Originally Posted by justinnum1

yea, why are you not keeping digital copies of stuff?

Office 365 is cheap and provides doc management/sync(plus mail etc). Further than that you could grab any of the SaaS HR/admin systems.

[mccannable]

Originally Posted by _Ryan_

Office 365 is cheap and provides doc management/sync(plus mail etc). Further than that you could grab any of the SaaS HR/admin systems.

Lesson learned.


And unfortantly he's not incorporated.

[Bobble]

Well then expect to have to pay his payroll taxes and fines. How can you have a subcontractor and no signed and digitally stored contract that spells how how he is paid and who is liable for taxes, insurance etc.. I apologize if this is harsh but that is like playing hot potato with a hand grenade. I've personally seen people I had the utmost of respect for professionally become the biggest tools in the shed over similar things. As far as your partner goes he's 50% liable so he may want to try a bit and I would encourage him to help out.

[Bobble]

Originally Posted by Mr Tonka

What are you worried about, not having data for 1099?

Bigger than that he could not pay his quarterlies and say I was an employee; with nothing to prove otherwise legally OP could be SOL.

[Mr Tonka]

Originally Posted by Bobble

Bigger than that he could not pay his quarterlies and say I was an employee; with nothing to prove otherwise legally OP could be SOL.

yeah, i forget that a lot of business owners don't use operating software that allows for storage of Subcontractor info. My subs can't get paid until we have all that data entered into the database. FEIN, address, company name, contact name, phone number, etc... Computer won't print the check without all fields accounted for.

So i was thinking that if one of my subs stole their file it would be no skin of my back. Plus all my subs are incorporated. Can't get around worker's comp with out an exemption and as far as i know, can't get an exemption without some type of company filed with Sunbiz.org.

Last thing i want is for the gov to think my subs are employees. Even the shirts i give them say "I am a subcontractor for:" on them. Plus i make them sign a yearly subcontract agreement detailing that they own their own tools, vehicles, have insurance, etc....


I'd be notifying the partner of his partial liability as well. Maybe this will go away quickly.

[mccannable]

I have started contacting some PI's. It seems it will be the easy way out if they can get me his social.