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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27261
Experience:  Former judicial law clerk, lawyer
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Is is allowed to be an independent contractor and work

Customer Question

Is is allowed to be an independent contractor and work for someone for 88 months and not have a contract?
Submitted: 6 months ago.
Category: Employment Law
Customer: replied 6 months ago.
8 months***
Expert:  Lucy, Esq. replied 6 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

There is no specific law that requires an independent contractor to have a written agreement if the work is only expected to continue for 8 months. If the parties anticipated that work would continue for one year or longer, then they'd have to have a written contract before it could be enforced. N.Y. General Obligations Laws, Section 5-701.

It's not the duration of the working relationship that determines whether someone is an employee or a contractor. The determining factor is control. When the company dictates what the worker does, when, where, and how they do it, provides the tools, and other manages the work, that suggests the worker is really an employee who should get a W-2 and have taxes withheld. When a worker has autonomy to accept or reject an assignment, has set parameters but is given freedom to complete the job as he sees fit, gets to choose his own work hours as long as work is completed by a deadline, works away from the company's usual place of business, uses his own tools/supplies, that tends to suggest he's a contractor.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Thank you.

Customer: replied 6 months ago.
Since I am a independent contractor and don't get a w2 is there a way to estimate how much I money I actually make after taxes.
Expert:  Lucy, Esq. replied 6 months ago.

The self-employment tax is a flat 15%. However, the rest depends on your individual tax situation, including all income and deductions. That's something to talk to an accountant about.

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