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Category: California Employment Law
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This Spring Semester I am an hourly paid tutor in a public

Resolved Question:

This Spring Semester I am an hourly paid tutor in a public school. This Fall My Principal wants to hire me as a reading specialist on a 1099. A completely different job. Human resources says the Principal cannot change my status within a calendar year. Is that true?
Submitted: 1 year ago via EmployeeIssues.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

No, what human resources informed you of is completely false. Theoretically, you could actually work as both an employee and an independent contractor for the school simultaneously even.

As long as you are correctly classified as an independent contractor instead of an employee, it is completely legal for your status to be changed from employee to independent contractor.

In addition to using your own workbooks, supplies, and materials in the classroom (which all work strongly in favor of you being considered an independent contractor) are the following factors from the Department of Industrial Relations:

1. Whether the person performing services is engaged in an occupation or business distinct from that of the principal;
2. Whether or not the work is a part of the regular business of the principal or alleged employer;
3. Whether the principal or the worker supplies the instrumentalities, tools, and the place for the person doing the work;
4. The alleged employee’s investment in the equipment or materials required by his or her task or his or her employment of helpers;
5. Whether the service rendered requires a special skill;
6. The kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision;
7. The alleged employee’s opportunity for profit or loss depending on his or her managerial skill;
8. The length of time for which the services are to be performed;
9. The degree of permanence of the working relationship;
10. The method of payment, whether by time or by the job; and
11. Whether or not the parties believe they are creating an employer-employee relationship may have some bearing on the question, but is not determinative since this is a question of law based on objective tests.

However, regardless, your status can be changed within the year, and there is no legal complication to you being hired as a literary coach as an independent contractor having worked previously as an employee tutor.

Since my goal is to provide you with the best service, please do not hesitate to ask me any follow up questions or request any additional information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 5272
Experience: Extensive experience representing employees and management
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