Legal Question in Business Law in Florida

Re: subcontarctor

(This is not legal advice)

Because you did not have a written subcontractor agreement, in the event your dispute goes to court, the judge (or jury) will look at a number of different factors in making the determination of whether the gentleman you speak of was an employee or a subcontractor. Such factors will likely include, whether the worker used your companies equipment or provided his own, whether you paid withholding on him and otherwise withheld taxes for him, how much control you had over his decision making and work or whether he made his own decisions, etc.

You should be advised however, that if he can show that he was an employee and did not receive all of his wages, he could bring suit against you under the Fair Labor Standards Act which will entitle him to recover double the unpaid wages and attorney's fees.