Employment Law

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, sure. I had a personal assistant that worked months.

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Hi my name is Balazs

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Sure. I had a personal assistant that worked for 3 months. He requested to be an Independent Contractor and said it's better for his taxes. After 3 months, his contract was not renewed and now he is threatening to file a claim for misclassifying him...

Submitted: 2 years ago.Category: Employment Law
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1/30/2016
Employment Lawyer: TJ, Esq., Attorney replied 2 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12,810
Experience: JD, MBA
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Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Unfortunately, an employer and worker cannot simply agree that the worker will be an independent contractor. Instead, a worker is either an employee or an independent contractor based upon the employment relationship. There are a few factors, but the most important is control. How much control did the employer have over the worker? If the employer told the worker how to do his job, then the worker will probably be considered an employee by the IRS. On the other hand, if the employer did not tell the worker how to do his job, then the worker may be considered an independent contractor.

So, the worker in your case may claim that he was an employee on his tax returns. If the IRS investigates and agrees, then you may be in a situation where you are forced to pay back taxes. Unfortunately, arguing to the IRS that you both agreed otherwise would be pointless, because such an agreement, as mentioned above, has no force. A worker's status is based upon the nature of how he worked, and not upon any agreements.

I am truly sorry that my answer is bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.

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Employment Lawyer: TJ, Esq., Attorney replied 2 years ago

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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