The most important thing an employee should know is whether they are classified as an employee or an independent contractor. This is because employers often use crafty methods to secretly avoid compensating employees as they deserve to be compensated. Employee misclassification can affect your rights to employee benefits such workers compensation insurance, liabilities, overtime payments, as well as other mandatory rights.
For legal representation in an employment misclassification dispute or any other employment law-related matter, it is best to seek the help of qualified employment law attorneys who can give you full support in matters concerning employment legal representation.
How To Determine Whether You Are An Employee Or An Independent Contractor
An employee can be classified in one of two ways: either an independent contractor or employee. Technically, you may be doing the same job as either, but there are different rights and privileges that differentiate the two. In many cases, employers intentionally classify their workforce wrongly to avoid liabilities and payment of certain benefits.
The International Revenue Service dictates that an individual is an employee if and only if their employer directly controls what they do and how it is to be done. On the other hand, it is summarized in the National Law Review that an individual is an independent contractor when they independently work without control and direction from their employer, works under another external business that is not within the normal course of the business they are currently working for and that they are engaged in an independent trade.
Basically, an independent contractor works for themselves but an employee works under the direct control and dictates of their boss.
Details Concerning Employees And Independent Contractors
These individuals work on specific jobs as per the requirements of their employer and are entitled to training and other requirements that make them fit for their different occupations. These individuals are later paid on a legally agreed salary.
Employees are entitled to worker’s compensation, overtime pay, healthcare insurance benefits, sick days and vacations. It is important to note that employees are only required to fill personal tax returns.
These individuals work under an agreed contract which specifies the type of project to be done, the price involved, and the legal rights of both parties within the contract period.
Independent contractors are required to file business tax returns and complete and sign W-9 forms. As opposed to employees who legally enjoy certain rights, Contactors are not entitled to employment benefits.
What To Do In The Event Of A Misclassification
In the event that an employee or an independent contractor is classified wrongly, there could be problems that involve the rights governing both. Many employers misclassify intentionally to cut their own costs, so it is important to pursue the matter with the help of an experienced employment attorney who is fit to battle the involved company in court.
Employment contractors serve the purpose of proving legally in court that you are an employee and you are entitled to all rights as is legally required.
Where To Run To For Legal Representation
If you happen to have been misclassified by your employer for them to exploit you, then it is time for you to seek the legal help of an employment law firm who will listen to your case and provide you with the right attorney to assist you.