What to Do When Your Employer Lists You as an Independent Contractor?

Written by Bryn Swartz on .

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If you are being listed as an independent contractor for the first time or just started working with a new employer, you might be confused by this term and what it means for your job and taxes. Independent contractors do not have the same status as regular employees and are not covered under most federal employment statuses.

However, an employer can’t just call you an independent contractor to avoid certain requirements at the federal or state levels. If you are performing duties as a regular employee, then you need to be paid and referred to as a regular employee. If you’re unsure whether your position should be contracted out or not, contact a lawyer for help.

Make Sure You Are an Employee

If your employer has you listed as an independent contractor, first make sure you are a real employee. If you meet any of the below statements, you are an independent contractor and not a regular employee.

  • You are paid by project, not hourly or monthly.
  • You use your own tools and equipment.
  • You do part of the job off-site and don’t have to work regular work hours.
  • You can subcontract some of the work to others.
  • You complete projects without ample or specific instructions.
  • You can perform other services and work for other clients at the same time.

Usually, people know if they are independent contractors. If you have never heard of the term before and work like other employees, your employer may have made a mistake or is trying to not give you all your benefits.

Talk to Your Employer

The first, simple step is to talk to your employer. Ask why you have been listed as an independent contractor and what duties you perform that meet the definition of an independent contractor.

If you believe that you have been wrongly classified, tell your employer. If they still insist that you are not a regular employee, you might need to start thinking about taking legal action to get the fair wage and benefits you deserve.

Partner with a Lawyer

If your employer isn’t cooperating and won’t listen to your concerns, you might want to consider your legal options. It’s illegal for an employer to file this status if it doesn’t truly reflect your job duties.

It can also put you in harm’s way if you were to get injured on the job or need health insurance.

Get Ahold of a Lawyer After Being Listed as an Independent Contractor

Now you have an answer to your question about what to do when your employer lists you as an independent contractor. You don’t always have to go to court or get a lawyer when your job status has been filed incorrectly, but it’s certainly an option. It might be important to contact a lawyer, especially if your employer isn’t willing to fix the mistake or change it.

Talk with a lawyer at Pathfinder Injury Law. Call 804-505-0633 or fill out the contact form below.

Bryn Swartz

Written By Bryn Swartz

Bryn Swartz is passionate about helping others navigate work-related injuries. Read more from the founder of Pathfinder Injury Law in VA.

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