What do I do if I was a mislabeled worker?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What do I do if I was a mislabeled worker?

I had a written independent contractor
agreement however I believe I was placed in
the incorrect category. How can I determine
that?

Asked on September 11, 2017 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

For a more detailed answer, go to the U.S. Dept. of Labor website, search for "independent contractor" on that site, and compare the criteria you find there to your job and how you did it and how you were managed. Whether a given worker is an independent contractor or an employee is a fact- and context-specific question, so it depends on the details of your job.
For the quick, thumbnail answer: ignoring the agreement (since such agreements will not stand up or be enforced if they are plainly wrong or false), you are likely an employee, not an independent contractor if one or more of the following apply to you:
1) Your employer tells you not just what to do but how; they have the right to manage how the job gets done. (Contrast this with hiring a plumber--you tell the plumber you have a leak, then stand back while he decides how to fix it.)
2) You work set or fixed hours set by the employer, at a location determined by the employer; independet contractors generally have at least some control over where and when they do the work.
3) You only had the one employer--usually independent contractors have more than one employer or contractor--not necessarily simultaneously (though many do), but at least in relatively short or quick succession.
4) Your employer provided your tools, supplies, equipment, etc.; generally contractors provide these things for themselves.
5) Because you didn't have to pay the costs of your job (e.g. for tools, equipment, etc.) you could not lose money on it, but were guaranteed to turn a profit--a true independent contrator is iike his or her own small business, and like any other business, can have a loss instead of a profit if their costs exceed what they are paid.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption