Originally Posted by
SuperConductor
What's your question? Well, if you're referring to many of the Part 135, light charter ops, that are doing the same thing. Yes, you are an employee. I know light charter ops love to mis-classify their pilots as contractors as well. I should really make the same post in the Part 135 forums.
Here's more IRS info. More specifically, go to page 7.
http://www.irs.gov/pub/irs-pdf/p15a.pdf
You are an employee when told:
· When and where to do the work.
· What tools or equipment to use.
· What workers to hire or to assist with the work.
· Where to purchase supplies and services.
· What work must be performed by a specified individual.
· What order or sequence to follow.
My question was simply putting out there some of the details of one particular job I had as a contractor and was wondering if you were saying that I met the conditions for being an employee that you listed.
Even using your new list raises more question:
· When and where to do the work.
- Of course. They write my schedule based on a mission required.
· What tools or equipment to use.
- If by which plane(s) to fly they have chosen which tools - yes.
· What workers to hire or to assist with the work.
- Do maintenance personnel "assist" with the work - yes.
· Where to purchase supplies and services.
- Not sure if this one was pertinent to my particular job.
· What work must be performed by a specified individual.
- I was assigned to fly a particular flight and had duties associated with such a position.
· What order or sequence to follow.
- The client would ask for certain things in a certain order - so yes there was a sequence or order.
This particular job I had operated with a small contingent of core employees supplemented with a group of 7 or 14 day contracted employees.
It would seem that there would not be such a thing as a contracted pilot job using the definitions above. Is this your contention.
USMCFLYR