When we talk about work, individuals often talk about being an employee, but are they?
In the United States, there are generally 2 classifications of people employed by a business, employees and independent contractors. Which group a person falls into changes what employment rights that person has. It can change their right to form a union, to get paid overtime, or even be protected from discrimination. Moreover, employers don’t always classify a person correctly which means some people are told by their employer that they are independent contractors and not protected by employment laws, when they may actually be employees who would be protected by employment laws.
When classifying a person, the courts generally look to the amount of control the employer has over the person. There are a myriad of tests and factors the courts use to try and nail down which category an individual falls in, but most the tests examine the level of control on a case by case basis. Because of this, many individuals who are harmed at work, no matter how they are classified, choose to contact an attorney to see if they truly are an employee or an independent contractor and what, if any, claim they might have against their employer.
So remember, even if your employer says you are an independent contractor, you may not be, and you may have more employment rights than you think.
If you are having issues at work and would like your employment circumstances evaluated to determine if you are an employee or independent contractor and what your options are, feel free to call the firm and schedule a free case evaluation. If you’d like to learn more about the differences between employees and independent contractors, the Office of Child Support Enforcement maintains a website that addresses the topic. It can be found at: https://www.acf.hhs.gov/css/resource/the-difference-between-an-independent-contractor-and-an-employee