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Independent Contractor Related Question

What is an independent contractor?

An independent contractor is a person who is employed with contract to do a specific job. There are many issues that can arise when dealing with independent contractor laws and many times can be challenging for both the independent contractor and the employer. There are many things you should know before hiring an independent contractor such as the experience he or she may have, their references, and the kind of contract they want.

Independent Contractor law questions are some of the most asked questions online. Hiring an attorney to ask specific questions can be very expensive and also very time consuming especially if you are not sure what it is you want to ask or who to ask. People can seek help from the Experts on JustAnswer to get their independent contractor law related questions answered. Experts can provide fast and affordable answers to some of the toughest independent contractor questions every day.

Would an independent contractors contract be voided if the company they worked for was to being sold to another independent contractor?

Yes the contract would be void if they sell the business. This also gives the person to chance to negotiate a better contract to the new owner.

Can an independent contractor that completed the one year contract be fired for an allegation with no proof; no write ups for misconduct and be denied unemployment?

If an independent contractor has fulfilled their contract then they are classified to be an “at-will” employee and can be terminated for any reason other than race, religion, sex or any other type of discrimination regardless of if the employee has done anything wrong.

How can an independent contractor protect themselves against an employer who refuses to compensate the contractor for their work?

An independent contractor does not have the same kind of protection as a regular employee. Both the contractor and the employer are bound by the contract and the contract protects the contractor.

Can a independent contractor get a settlement form one company that sends a 1099 form but claims to be a separate company from the one that the judgment was won against?

If the company issued the 1099 then the contractor may be able to get their settlement from that company even though they claim they are a separate company.

How would a property owner go about firing a independent contractor that is a handyman/property manager if they are being hostile towards tenants, consistently stealing money and never giving the tenants receipts, and how could the property owner do this in a fast effective way?

To properly dispose of a hostile employee that is doing illegal thing one should call the police and have a restraining order placed on the employee to keep the person of the property.

An independent contractor is a employee that is legally bound by contract to a company to perform a specific task. There are many different types of independent contractor agreements from length of contract, type of work to the amount paid. When faced with independent contract laws many people are unsure of where to turn or who to ask their independent contractor related questions. If you have questions about independent contractor law or other aspects of independent contractors you could ask an Expert for quick and affordable legal insights.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
5 Employment Lawyers are Online Now

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.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Contractor Questions

  • I am a licensed hairstylist and I have worked for this salon

    I am a licensed hairstylist and I have worked for this salon for almost 5 years. I was asked to sign a non compete agreement about 3 1/2 years ago back when i was their "employee".However, on January 2014 they have encouraged me to become LLC S Corp and I assume it is because they do not want to be responsible in providing healthcare as they have more than 50 employees. I would like to know if the non-compete agreement I signed back when I was still an employee is still valid now that I am technically not an employee anymore and operating as my own corporation as an LLC. Thank you for your time.
  • I usually work as a 1099 contractor. However, I think I have

    I usually work as a 1099 contractor. However, I think I have been misclassified as 1099 when I should be a W2 with my current job.
    If I ask the IRS and State DOL for a review of my classification by filing the appropriate forms, will either entity audit me or any of my prior employers?
    This is based in New York State.
  • Question is regarding IT consulting services on C2C, and the

    Question is regarding IT consulting services on C2C, and the client is in midstream requiring that resources convert to W2, citing they based on new government regulations must refer to all 1099 resources as flexible resources and as such be treated as employees and like any employee be offered a range of health benefits that the employee can accept or decline.
    Now this makes sense if the consultant is an independent 1099 contractor resource, but isnt there a difference between a 1099 resource and a consulting firm, an entity, with its EIN, its own health benefits and employees, and is suppose to be on C2C , paid on ACH? It just so happens that the owner of the firm, is the consultant, and in this case is providing software development assistance to a team made of employees and contractors at the customer who is now mandating that the consultant/owner become a W2 resource of the client.
    3 x challenges. The owner has business checking, investment, and all kinds of dependencies on the source of revenue, that would now be for granted due to now instead expect salary and have it direct deposited to a non-business account. Secondly, the owner has several clients, many of whom are vendors, suppliers, and even partners of the primary client. The owner does not do business with the primary client's direct end clients, but certainly does business with a lot of the same vendors and partners who may even ask for resources to staff on the primary client's projects. In essence a W2 would mean they would have to write a very specific set of agreeable terms to allow such affairs to remain in tact. Any language that applies to direct or in-direct competition would have to be revised to exclude entire industries , not just list of companies. Lastly, how would one company doing business with another company be classified as an employee of the other... How does a consulting company provide consulting services if every client mandates that their vendors become employees.
    Here is the notification from the client regarding the change in which they specify I must become employed as a W2 resource:
    Due to some corporate goverment regulation changes, ABC needs to convert all 1099 resources to Flex hourly resources. This basically means that you will enter your hours in our MYHR system each week and we will reduce your hourly rate to cover the corporate taxes and then deduct employee taxes, providing you with a bi-weekly paycheck and W2 at the end of the year.
    In additional, ABC is pleased to offer you optional comprehensive medical and prescription coverage. With this change we will be retiring the term 1099 resource and replacing it with Flexible resource. As a Flexible resource you will have the option to select coverage or decline coverage, nothing else will change regarding your position with ABC or any other benefits. Please review the attached letter and benefits information. Please email me the attached letter completed and with coverage elected or declined by the end of the day on Monday, December 22nd. Should you elect coverage, your hourly rate will be reduced as noted in the offer letter. Should you decline coverage, your hourly rate will remain the same and nothing else will change. As an existing 1099 resource, you will not be required to complete a drug screen or criminal history check as noted in the offer letter.
    I know this is a lot to understand and I’m sure you have questions. Please let me know when you have time to schedule a call to attempt to answer your questions or get you answers as needed.
    Our offer to you is included below:
    On behalf of ABC, I am pleased to offer you the position of Flexible Resource
    reporting to John Doe at a rate of $159.05 per hour. Employment will commence on
    or before December 28, 2014. The details of the offer follow.
    ....
    The C2C rate is $170/hr.
    Thanks,
    RJ
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