Portage, MI asked in Employment Law for Michigan

Q: I was offered a job on the premise it was a full time permanent position.A week after I was working there, I was told no

I was offered a job on the premise it was a full time permanent position. A week after I was working there, I was told that I am not a permanent employee but a contractor. I am being paid an hourly wage, work at their offices, using their equipment and told what work to do and when it has to be done by. I am also not getting the hours of a full time employee. I am told to get the work done within a certain time frame then when it is done, I must go home and take a day off. Please help me understand where I stand in this situation. Thank you.

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1 Lawyer Answer
Trent Harris
Trent Harris
Answered
  • Jackson, MI
  • Licensed in Michigan

A: It sounds like you are saying you were hired with the understanding you would be a full-time employee, but once hired they are only giving you part-time work. The term “contractor” means the tax status of your work (i.e. whether you are paid on a W-2 with withholdings held back from your paycheck on the one hand, or a Form 1099 with no withholding). Based on what you said about the employer’s control and supervision over your work, it sounds like you are clearly an employee, not a contractor, but only part-time.

Unfortunately you don’t really have a remedy for your employer hiring you to do full-time, but then only giving you part-time hours. An employer can cut an employee’s hours at will, unless the employee has a contract for employment. Based on the misrepresentation and lack of trust with your current employer, it would probably be wise to seek another job.

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