Fort Collins, CO asked in Employment Law and Contracts for Colorado

Q: Can I require medical documentation for missed work from an independent contractor?

A contractor has missed two days of services this week due to claimed medical issues. This would breach the contract, however, I haven't decided whether to terminate the contract.

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: You will have to contact a lawyer directly for a full evaluation of the employment contract and the claimed breach.

The rules for independent contractors are slightly different that those of regular salaried employees, so requesting medical documentation is arguably showing signs of "control" over an employee (employers cannot "control" an independent contractor). The CO Dept. of Labor takes a strict view on this matter. It is your call, but be aware you are swimming in dangerous water...

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