Im having doubts about me being an Independent Contractor at my job, is there a way to find out?
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Im having doubts about me being an Independent Contractor at my job, is there a way to find out?
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Hello, i have been working at a job for about 4 years that i am very happy with, i am an independent contractor for the company. I am having doubts about my job because of the nature that i am being treated, it seems like more and more i am being treated like an employee than self employed. Some examples of the changes at my job are:
we have to work a minimum amount of hours a week.
we get weekly reviews on our work and how to improve on it the following week. And if there is something spotted on the job, a manager is there watching over us to correct them. We are also rep-remanded and written up if we fail to preform.
When i had to go to the hospital for mono in the summer of 08' not only was i rep-remanded, but i was also demoted. I provided a medical note.
It just seems like there trying to have me work under this title, so they dont have to give me employee benefits. I like my job despite all of this, but my self employment tax for 2008 alone totaled almost 5 grand. I just want to know if there trying to weasel there way out of doing there share.
And if it seems like they might be, is there anyone i can contact? Do i have to get a lawyer? HELP!
Additional Details
correction, my 2008 taxes totaled almost 4 grand, not 5
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Shane
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You are 100% correct. Under the Fair Labor Standards Act you and your co-workers no longer meet the definition of Independent contractors. The minute the employer begins to dictate your work hours, performance reviews, demotions, etc.... You fall under permanent employee status. I would immediately report this situation to the Department of Labor wage and hour division who are the watch dogs of this Act. You can contact them at:
Wage and Hour Division
200 Constitution Avenue, NW
Room S-3502
Washington, DC 20210
Tel: 1-866-4USWAGE (1-866-487-9243)
(they will refer you to your states office)
You do not need an attorney at this time; however, in the event you do decide to report them to DOL and you are fired soon after (DOL will pursue an investigation and the organization will be notified of this as will you via correspondence) THEN seek an attorney as you will have legal grounds under retaliation and whistleblowing laws. |
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V.T.V.RAM
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You have, by your own conduct, converted yourself from the position of contractor to that of a permanent employee. The management is fully responsible for this. You are under loss. Please contact
Illinois Department of Labor at the following address:-
160 N. LaSalle Street
Suite C-1300
Chicago, IL 60601
Phone: 312-793-2800
Fax: 312-793-5257 |
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rtfm
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Here's info on how to tell:
http://www.irs.gov/faqs/faq/0,,id=199637,00.html
You can fill out a form SS-8 and have the IRS determine what your status should be. |
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Judy
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From your description, it sounds actually like you probably are an independent contractor rather than an employee. You say for example that you have to work a minimum number of hours - do you have to work them in a particular place on a schedule they set up, or do you set your own schedule? Are you paid based on the results of your work, or paid an hourly wage? There isn't really enough info in your question - you don't give a description of what it is that you do.
In any case, no you don't get a lawyer, that would be a waste of money. You can file a form SS-8 with the IRS - you can download it at irs.gov - that's a request for determination of your status, employee or independent. |
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