Official Statement from Nevada UEID on Contracts. - REO Property Preservation Forum
LinkBack Thread Tools Display Modes
post #1 of 1 (permalink) Old 04-18-2013, 12:04 PM Thread Starter
Business Consultant
Cleanupman's Avatar
Join Date: Nov 2012
Location: Silver Springs, Nevada
Posts: 1,380
Thanks: 322
Thanked 564 Times in 339 Posts
Official Statement from Nevada UEID on Contracts.

Many of know I have been working on finding out about the degree of control in some of the contracts we are forced to sign....

I took one of the contract's we have took out their name and put ours in it....sent it for approval to our local UEID office.

Keep in mind the determination is strictly for Nevada....
I would suggest that all of you have the contracts you are currently bound to reviewed by your local UEID offices....I do not care what attorney's say the UEID will be the office that comes after you..they can make the determination of the degree of control a contract has over you, your company, your employees....They will also be the one to levy fines against you and your company.

There are a few concerns. The first is the various timeliness factors contained within the agreement. This could imply control, depending on how it is played out. For example, if you provide an individual with a work order, which must be completed within 24 hours, you are then executing control on a daily basis. An independent contractor must be free from direction and control. They must be able to work for others, prioritize their own work, etc.

The second is the non-competition clause on page 7, #21. This clause indicates control, as well as indicating that you and your subcontractors are in the same business.

It is impossible to find that services performed are that of an independent contractor based solely on an agreement. A true investigation would involve both the employer and the independent contractor and would be based on NRS 612.085.

NRS 612.085  “Employment”: Services deemed employment unless specific facts shown.  Services performed by a person for wages shall be deemed to be employment subject to this chapter unless it is shown to the satisfaction of the Administrator that:
1.  The person has been and will continue to be free from control or direction over the performance of the services, both under his or her contract of service and in fact;
2.  The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprises for which the service is performed; and
3.  The service is performed in the course of an independently established trade, occupation, profession or business in which the person is customarily engaged, of the same nature as that involved in the contract of service.
[Part 2:129:1937; renumbered in error 2.19:129:1937, 1945, 299; A 1949, 257; 1951, 253; 1951, 474; renumbered 2.9:129:1937 and A 1955, 698]—(NRS A 1993, 1804)


However, they all think alike.....and think about this...everyone keeps insisting on picking a fight you can win....ouch!!!!!!!...BTW the contract I sent in for review is the same contract I did the video series there you have an official determination...our UEID does not recomnend we use this contract as is...should someone file unemployment those issues will come up in favor of the IC being an employee

Aladay LLC
Property Preservation
New Business Consultant
Custom Glass&Wood
Cleanupman is offline  
Sponsored Links

Quick Reply

Register Now

In order to be able to post messages on the REO Property Preservation Forum forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Please enter a password for your user account. Note that passwords are case-sensitive.


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:


Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Display Modes
Linear Mode Linear Mode

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

For the best viewing experience please update your browser to Google Chrome