Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

How much weight does the "independent contractor contract"

How much weight does the...
How much weight does the "independent contractor contract" have relative the true relationship of employee to employer? Canada company / USA employee
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 4 months ago
A Canadian company wanted to hire a Director of Business Development (DBD).
Applicant turns out to be US based.
Company had no US presence so creates a contract asserting independent contractor status for the employee. Claimed it would be temporary until such time as they could set up a US entity.
Although there is a contract;
The Employer exercised extreme control over the entire process of all work.
Morning team calls were required.
The company hired a canadian employee to be the DBD's assistant.
The DBD had to log and work 40 hours a week.
Company provided a laptop and supplies.
Company paid expenses.
Monthly salary
17 of the 20 questions on the IRS Checklist pointed towards being an employee.
I wish to contest the independent contractor status.
So the question is: How much weight does the "independent contractor contract" have relative the true relationship of employee to employer?
Answered in 7 minutes by:
3/21/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,967
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Just because you call someone an independent contractor does not make them one. So even though there is a contract calling the person an independent contractor, if the relevant tests such as control over performance, providing tools, directing work or hours of work and the work is within the business of the company, then the fact they call the person an independent contractor is irrelevant. So if the person believes they are an employee, they need to file a complaint with the US Department of Labor who will investigate and make their determination and pursue the employer.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Thank you for the reply. That is what I thought. In assisting my friend, I noticed the contract had sample breakdown chart that include unrealized stock options, bonuses and other "what ifs" that never occurred. The intent was to show the "potential" earnings above and beyond a 75,000 dollar base. To create filler for the chart they broke out fica, health reimbursement etc. The text of the agreement only spoke of an 8000 dollar monthly base (96,000). My question is, reguardless of how they labeled their chart, only one lump sum wire transfer was sent each month...So who would pay the fica and other taxes if status changes?

Thank you for your reply.

The employee is ultimately liable for paying all taxes on their income and if the person is found to be an employee, the only things the employer would be forced to pay would be the employer's share of SS, unemployment tax and workers compensation insurance payments. The other taxes are on the employee.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,967
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
the break down would be as for a normal employee. Thank you for your help.

Thank you for your reply.

If he is an employee, yes.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 125,967
125,967 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. 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:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 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

4,029 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.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
If an Independent Contractor does work for a company and
If an Independent Contractor does work for a company and signs a contract to do that work for an hourly rate because the hours vary from day to day, and knowingly signs that same contract that Indepen… read more
Ray
Ray
Lawyer
Doctoral Degree
33,407 satisfied customers
I was initially red as an Independent Contractor. However, I
I was initially hired as an Independent Contractor. However, I have never received or signed a contract even thou I have asked for it multiple times. I am treated as an employee with mandates that I w… read more
LegalGems
LegalGems
Juris Doctorate
12,601 satisfied customers
If I re a individual to work on a Federal Contract as part
If I hire a individual to work on a Federal Contract as part of the project team that we have been awarded but have not been given the specific task to perform independently. And we are going to pay h… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
I have a contract question regarding independent, contracting on a personal services contr
I have a contract question regarding independent, contracting on a personal services contract in which the hiring federal contacting corporation proposes to assume the role of "Government" and "contra… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I have a business in Virginia. I need to hire a part-time
I have a business in Virginia. I need to hire a part-time receptionist. I do not want to hire an employee (not set up to do payroll taxes). What are the laws in Virginia regarding hiring a contract st… read more
retirementlawyer
retirementlawyer
Attorney
Doctoral Degree
1,606 satisfied customers
We are a US company and have identified a strong candidate
We are a US company and have identified a strong candidate in Montreal, Canada. A senior manager would prefer to hire the candidate as a full time employee. We have no other Canadian employees and no … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I am the current Chair of the Board of Directors for a small
I am the current Chair of the Board of Directors for a small non-profit 501(c)3 corporation (humane society) located in Colorado. Recently, our executive director expressed her desire to move out from… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,428 satisfied customers
Full-time employee & Ineligible for Health Insurance ?
I am working for a school department as a private duty one-on-one RN for a special education student (with a Central Line); I was hired as a " Long-term School Nurse Substitute" when they offered me t… read more
laborlawyer1
laborlawyer1
99 satisfied customers
I own and operate a music teaching studio and have questions
I own and operate a music teaching studio and have questions regarding the employment classification of my teachers. I have been in business for 10 years and have always treated the instructors as ind… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,071 satisfied customers
I am a contract television sports play by play announcer for
I am a contract television sports play by play announcer for a major television network that operates without unions. They say I am an independent contractor. But they control where and when I work, p… read more
Ellen
Ellen
Attorney
Doctoral Degree
649 satisfied customers
I currently live in Florida and I have a question about how
I currently live in Florida and I have a question about how one determines if a worker is an "independent contractor ". In particular I refer to the field of CERTIFIED NURSING ASSISTANTS. Case in poin… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,071 satisfied customers
if i hire a salesperson and compensate them with 100% commission
if i hire a salesperson and compensate them with 100% commission could they make a wage claim against the firm?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,407 satisfied customers
I have just purchased a business and have a couple of people
I have just purchased a business and have a couple of people working for me and I am treating them as contract labor, and I plan on giving them a 1099 at the end of the year. Someone told me there is … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,071 satisfied customers
My boss wants me to sign a contract acknowledging that I am
My boss wants me to sign a contract acknowledging that I am an independent contractor and not an employee. However, based on legal definitions and criteria, I am an employee; I'm just currently paid a… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,071 satisfied customers
I am an officer of a Not For Profit Educational Dance Teachers
I am an officer of a Not For Profit Educational Dance Teachers Membership Organization. we hold an annual convention, we have guest teachers give classes for our members and their students, we have al… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,071 satisfied customers
I was recently working for a company that claimed I was independently
I was recently working for a company that claimed I was independently contracted by what are my rights? Also how may I be independently contracted by a company with no written contract but payments we… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
explain if my employer can work my workers as contract laborers
explain if my employer can work my workers as contract laborers on my manentance crew at a golf course instead of as employees… read more
Joseph Leon
Joseph Leon
Member
Juris Doctorate
270 satisfied customers
Im live in TX and worked as an IC for a company based
I''m live in TX and worked as an IC for a company based in GA. They controlled my hrs and when I was to go out of town for work. I was also given a company Credit card for all my expenses. Is this a c… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 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