Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

criteria of employee vs subcontractor

Customer Question
I am being sued as...
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: 8 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 30 minutes by:
3/26/2009
Employment Lawyer: Jane T (LLC), Lawyer replied 8 years ago
Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8,435
Experience: Worked with employment legal group in major national corp.
Verified

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)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8,435
Experience: Worked with employment legal group in major national corp.
Verified
Jane T (LLC) and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 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?
Employment Lawyer: Jane T (LLC), Lawyer replied 8 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.

 

 

Ask Your Own Employment Law Question
Ask Jane T (LLC) Your Own Question
Jane T (LLC)
Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8,435
8,435 Satisfied Customers
Experience: Worked with employment legal group in major national corp.

Jane T (LLC) is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

MildredWashington, 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 CustomerDenver, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

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

< Previous | Next >

Related Employment Law Questions
Are you an assistant for an unemployment attorney? Utah. I
Are you an assistant for an unemployment attorney? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
I have an employee that has been on workers compensation
Good morning, I have an employee that has been on workers compensation leave since June. I offer health insurance as a benefit paying 50% of premiums. Employee pays 50% and is deducted from paycheck. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I have a question about unemployment. But that's not the
yes. But that's not the issue. The issue is I have a complicated situation and I need to know if I can get unemployment … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In Texas, is it acceptable for one to collect unemployment
In Texas, is it acceptable for one to collect unemployment benefits when a severance has been issued. The contents of the severance indicated that I am eligible for unemployment. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question about my illinois workers compensation
I have a question about my illinois workers compensation claim. … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I am filing for unemployment but have no wage earned other
I am filing for unemployment but have no wage earned other than workers compensation. how do I file as well get that information … read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
My worker's Compensation was closed 8/10/17. The attorney
My worker's Compensation was closed 8/10/17. The attorney took his money and I did not owe COB-R any money. When and how should I get what is due to me? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is a question with regard to my workers compensation
This is a question with regard to my workers compensation injury. I had a Total Shoulder Arthroplasty done with reattachment of my bicep. What is the approx disability rating for this in Minnesota? Se… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
One of my workers filed for workers compensation and will be
One of my workers filed for workers compensation and will be out for over two months. My business has begun to have hardship because of this (We are a Veterinary Clinic)(We only had 3 vet tech workers… read more
Thelawman2
Thelawman2
Doctoral Degree
1,287 satisfied customers
I got injured at work, I was denied workers compensation.
I got injured at work, I was denied workers compensation. However my doctor put me off of work because my injury consist of a fractured rib, I was still out on medical leave and my employer terminated… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I was issued a citation in regards to workers compensation.
I was issued a citation in regards ***** ***** compensation. I wasn't aware of the need to have one and now I can't afford to provide one and the State told me that my case is about to go to the DA. W… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
Workers' Compensation Question Can the Release of medical
Workers' Compensation Question Can the Release of medical information form signed upon onset of injury be used 2 1/2 years later be used with my own physician not their wc physician to obtain my infor… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
Workers' Compensation Question Upon with wc physician
Workers' Compensation Question Upon last follow up with wc physician continued work restrictions and physical therapy was given. Employers lawyer apparently did not like the continued benefits allowed… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Workers' Compensation Question Can I file an appeal for each
Workers' Compensation Question Can I file an appeal for each issue denied by wc or do I have to file one appeal and include all issues in that one appeal?… read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
Workers' Compensation Question How can I find a wc lawyer in
Workers' Compensation Question How can I find a wc lawyer in neighboring state licensed to practice in state injury occurred in? Issue encountered injury state is small and rural many lawyer within th… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I have a worker compensation question anybody can help me
I have a worker compensation question anybody can help me with it … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My wife was medically retired after a workers compensation
My wife was medically retired after a workers compensation injury. We worked for a department of a county. The county is self insured for WC and has designated a county department as custodian of reco… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need help with a workers compensation case in california.
i need help with a workers compensation case in california … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x