Q: I've been working with a company as an independent contractor for 3 years. But I believe I'm an employee.
Paid directly through zelle
Had a company card
Traveled with them
Travel expenses and perdeim paid. Including flights rentals corporate Housing.
I used tools paid for by them for jobs
Requested time off
A: Worker's compensation attorneys deal with job injuries and the medical and income benefits that arise out of the work accident. Your question would probably be better put to a Labor and Employment attorney. With that said, the question of employment status deals with the facts of your case. Just because the employer says you are an "independent contractor" doesn't always make it so. The IRS will sometimes challenge the status and require more taxes. In workers' comp cases, I often need to prove the injured worker is an employee as opposed to an independent contractor. The issue will involve whether the employer has the "right of control" over the person. For example, can the worker leave without penalty to go do other jobs, do they have regular scheduled hours, is there a written agreement stating that they are an "independent contractor" etc.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
