How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jane T (LLC) Your Own Question

Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience:  Worked with employment legal group in major national corp.
Type Your Employment Law Question Here...
Jane T (LLC) is online now
A new question is answered every 9 seconds

criteria of employee vs subcontractor

Resolved Question:

I am being sued as a sub when I have reason to believe I was a employee. What are the criteria? How do I respond to this?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

There are many different state agency (such as unemployment and workers compensation agencies and bureaus, as well as state court cases which define or indicate how the decision about who is considered an employee and who is an "independent contractor" is made. The Internal Revenue Service (IRS) also provides a list of different criteria which specifiy whom the IRS will consider an employee or an independent contractor. One of the IRS explanations of how the determination of who is an employee or an independent contractor can be found here and the discussion here also explains how the determination may be made in TN. Answering any court document or entering any statement or document in a court of law, however, should normally be done only with the assistance of legal counsel hired by a person, in their state, to assure such documents are properly answered and filed to assure all rights are protected. This site can provide only information, not legal advice.

 

 

Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience: Worked with employment legal group in major national corp.
Jane T (LLC) and 11 other Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
I have glanced over the document you sent me and I think it will help. I have two more questions. I am being sued in conjuction with the General Contractor over some faulty work. If I was in fact an employee, how do handle the court summons? and also, is there any way to hire a lawyer to respond that is fincancially feasable?
Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

Telling someone how to handle a court summons or what to do for it would not be something I could do as I can only provide information, as for obtaining legal counsel at more "affordable" rates, that can happen, but it often depends on community resources. Where there are university or college law schools nearby they often have legal clinics that can help people; local bar associations may often provide legal services for free or reduced rates; and local courts often have "self-help" centers which can provide legal assistance to persons (people can contact their local courts to find out what services are offered). This one resource here provides several different listings for low cost or pro bono (free) legal services that may be able to help. Also, there are many attorneys that may help, but it may take time to find them and many calls or networks may need to be made.

 

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.