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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: 8057
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
3 Employment Lawyers are Online Now

How JustAnswer Works:

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Employment Lawyers are online & ready to help you now

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Recent Contractor Questions

  • My sub chapter s corporation was recently audited by the NYS

    My sub chapter s corporation was recently audited by the NYS UI Division and found that all of my Independent Contractors should have been treated as "employees", based primarily on the fact that they were long term associates, not withstanding that they all signed Independent Contractor Agreements and are never supervised, nor or they receiving any form of benefits or allowances other than commissions, they are minimally supervised (only selecting and completing thier assignments), no sales meetings, no hours or days ever controlled. Most of them represent
    other business concerns and some are part time. This was my first audit in 40 years of doing
    business, they initially asked for $8800., now a letter was sent asking for an additional $6800.
    My CPA met with the examiner, I was not present, but I requested a hearing in protest. If I cannot reverse this decision, does the state typically permit a reduction i such contributions or do they permit installments, ordinarily? If I were to cease doing business and operate another instead, are any personal consequences? what is disturbing, is that my contractors are never put into question respecting the Federal Government, they have a separate set of guidelines that are being met. If my company was moved out of NY State, is thier a way to fight this unjust payment issue?
  • If my full time employer considers me as a contractor and fires

    If my full time employer considers me as a contractor and fires me owing me around thirty thousand dollars in pay that has been building over the past year is he obligated to pay all past due wages and if so what is the time period he has to do so.
  • I took your advice and have gotten additional "verbal abuse"

    I took your advice and have gotten additional "verbal abuse" via email. Also, the services rendered were to be paid in part "In Kind", meaning that the company was providing me a hotel room while I perform the duties of sales and marketing for them. The agreement stated that the parties must provide 30 days notice in order to terminate the agreement. This was done to allow me the time to relocate should the need arise. They are now stating that the hotel is private property and that I need to leave effective immediately. How should I respond to this.
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