Albemarle, NC asked in Employment Law for North Carolina

Q: i am salaried and get no deductions for materials on my taxes i am considered an independent contractor or employee

I am provided with a company vehicle and wear company shirts. They pay worker comp insurance as of to date and also pay for all materials needed for the job . I do not have any control over profit or loss. They do not take out taxes. I am paid a flat rate weekly salary. We use to get a commission once a month but suddenly they stopped that when the company lost money, to get commission from there on we would have to complete 10,000 dollars worth of billable jobs to receive a commission but that was impossible to do when I wasn't given enough work to reach that goal. I am classified as an independent contractor in the eyes of this company, but feel more like an employee. They did for a short period take out taxes but stopped because it was costing them to much money....

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1 Lawyer Answer
Kirk Angel
Kirk Angel
  • Knoxville, TN
  • Licensed in North Carolina

A: There is no one single definition of "employee." For example, the definition used by the EEOC is different from the definition used by the IRS. However, if the company is taking taxes out of your check then you are likely to be an employee. In general, the more control that is exerted over you, the more likely you are to be found to be an employee.

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