Employment Lawyers Can Answer Your Employment Law Questions
Generally, if you are working for only one employer and your economic future is dependent on that one employer – you are an employee; not an independent contractor; this is regardless of whether you signed an independent contractor agreement with the employer. Ask yourself the following questions if you answer yes to more than a few you are probably an employee and entitled to a lot of extra benefits and pay. 1. your employer exercises control over the manner you complete a job (when, where, how you do the work); 2. you usually work under supervision; 3. you work for the employer month after month or year after year instead of completing a job when the contract period ends; 4. your employer or co-worker trains you to perform a job in a certain way and you learn your job from watching experienced employees, or attend meetings or courses; 5. you must complete the tasks assigned to you, and cannot hire assistants to perform the work you were hired to do; 6. your job and work are part of the daily operations of the business and your assignments are coordinated with other employees in the company, and the success of the business depends upon that work being done. For example, an office clerical worker is probably an employee because his work is coordinated with supervisors and other staff members, while an AC repairman hired by a restaurant to fix the AC unit is probably an independent contractor because during and after that project, he will have little or no interaction with any of the other employees (cooks, bartenders, waitresses, etc.); 7. your services are for the most part available only to the employer and not to the general public; 8. you are an integral part of the employer's business and rarely, if ever, offer your services to someone other than your employer; 9. your employer sets your schedule instead of coming and going as you please; 10. you must work at the employer's place of business, or at another location determined by the employer; 11. your employer pays you on a set schedule in regular amounts by the hour or salary; 12. your employer determines the order in which you must complete certain jobs, especially if the same outcome could be achieved by doing the tasks in a different order; 13. your employer gives you materials and tools needed to complete the job; 14. you typically work for one company instead of several customers at the same time.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.
The last time I received any money from this employer was severance pay when I was laid off. For any work I did since as an "Independent Contractor", I have not received any financial compensation. I was however listed as an author on 2 publications and I'm about to be listed as an author on a third soon but I have received no pay whatsoever. Do I have a right to receive financial compensation from this company?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).