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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
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Customer reply replied 1 month 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: 123,280
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.

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Customer reply replied 1 month 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: 123,280
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 1 month 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.

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