Can a company make me self employed ?

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Can a company make me self employed ?

I was hired as a security guard for a
private security company in Texas and
have just found out that the company
isnt taking the taxes out of my check
and is making me file my taxes as though
i am self employed

Asked on October 30, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They can pay you on a self-employed basis IF you meet the criteria to be an "independent contractor"--that is, you must validly or properly be an independent contractor. If you were security guard it is very UNlikely that you are an indendent contractor, since an independent contractor would have a high degee of independence (as the term implies) which you undoubtedly lacked. If your employer set your hours for you, told you how to do your job, and when to do your job, you were almost certainly an employee (and therefore should be paid like an employee); these factors mean that you were not independent enough to be an independent contractor (or as you put it: self employed). Since it appears that are being misclassified (and paid as) an independent contractor when you were in fact an employee, you may wish to contact your state or the federal department of labor and file a complaint.


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