Independent Contractor Attorney
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What Is an Independent Contractor?
An independent contractor is usually a consultant, freelance worker, or other similar person. Companies hire independent contractors for certain projects and for a specific period of time. Individuals become independent contractors because of the desire for a flexible schedule and to be their own boss.
What Are the Rights of Independent Contractors?
There is much confusion over what rights independent contractors possess in regard to companies that employ them. These rights include:
- The right to dictate the manner in which you accomplish a task, but not the type of work done
- The right to work anywhere and anytime they wish
What Are the Rights of Employers?
There are many benefits to an employer in hiring an independent contractor. These benefits include:
- The right not to provide sick leave, workers compensation, unemployment benefits, etc.
- Companies only have to provide what they are contractually obligated to provide to their clients
Why Is It Important to Determine If I'm an Independent Contractor?
Employers have a distinct advantage in classifying workers as independent contractors. The most important reason is because it saves the company money. In return, companies might act as though you're an employee and withhold many of the benefits of an independent contractor.
What Factors Determine an Independent Contractor?
To determine whether your employer has made you an independent contractor check for several typical ingredients. These include:
- Does your employer have a right to determine the way you do your job?
- How are you paid? Does your salary come after each project or on a weekly basis?
- Can you seek out other business opportunities while worker for your employer?
Should I Consult an Attorney?
An experienced business or employment attorney can help you determine whether you're an independent contractor or employee. The attorney can assist you in finding out what rights an employer may be withholding from you.
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Last Modified: 12-16-2015 11:52 AM PST
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