Q: Can you revoke an independent contractor clause with significant evidence of employment link + contradictory language?
- Firm entered a Services Agreement to provide services for a financial services company as an independent contractor
- After the agreement was executed, the plaintiff was required to perform duties beyond the scope of Agreement
- Plaintiff was also subject to employee policies and reviews.
- Services Agreement includes verbiage contrary to the definition of an independent contractor (e.g reimbursement of expenses, D&O insurance, full-time dedication, approval from "managers" to accept other jobs, among others)
A: An "independent contractor clause" doesn't do much. Whether a person is an employee or independent contractor is determined by details of the person's job duties, compensation, etc.
Unless specifically allowed by the Agreement, a party cannot unilaterally "revoke" language. Other remedies are available. Have a free telephone consultation with counsel.
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