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Employment Law

Is is allowed to be an independent contractor and work

Customer Question
for someone for 88 months...
Is is allowed to be an independent contractor and work for someone for 88 months and not have a contract?
Submitted: 1 year ago.Category: Employment Law
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Customer reply replied 1 year ago
8 months***
Answered in 7 minutes by:
4/25/2016
Employment Lawyer: Lucy, Esq., Lawyer replied 1 year ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 30,591
Experience: Former judicial law clerk, lawyer
Verified

Hi,

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.

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Customer reply replied 1 year 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.
Employment Lawyer: Lucy, Esq., Lawyer replied 1 year 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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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 30,591
30,591 Satisfied Customers
Experience: Former judicial law clerk, lawyer

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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).

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