Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I work for a company that subcontracts for the air force at…

I work for a...

I work for a company that subcontracts for the air force at wright-patterson air base. i received a 1099misc and i receive no benefits except salary, so i am pretty sure the company considers me an independent contractor. My understanding is that an independent contract provides a service or product but it is up to the contractor to determine how or by what means. The company is telling me that i need to show up from 9 - 5 and do all work in an office. Can they specify this to me? or do i have the legal right to say that i will do my work wherever i am most able?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Not yet.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union. i don't know what an "at will" means

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
4/27/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,558
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

You can certainly tell them that you will do the work when you are most able. However, they are not required to continue employing you if you can't meet their needs. You are correct that having you work a set schedule is suggestive that you might not be properly classified as a contractor, but the analysis is more complex than that. Other things matter too, such as whether you are told how to do your job, whether you supply your own tools, whether you have other customers, and whether you are restricted from accepting other work.

If you believe you could be misclassified, your remedy is typically to file a form SS8 with the IRS and they will investigate. You cannot simply refuse your employer's instruction, though, and expect to be protected.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications, and the information provided is not legal advice.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Ok. what if I CAN meet their needs but they still want me to come in to the office?

Thank you.

Again, you don't acquire any special protection by doing what you propose, which means they would be free to terminate you if you don't follow their instructions. This is something you would need to negotiate with them, perhaps by raising the point that as a contractor you should have more freedom. I would not just do it unilaterally though as you would be risking the employment if you did that.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,558
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
I think it's all resolved. Thanks for the help!
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 Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 14,558
14,558 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, 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
Does the Dept of Labor help in understanding of Workers
Does the Dept of Labor help in understanding of Workers Rights with in the Direct Sales Industry otherwise know as the Multi Level Marketing Industry ? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am starting an online financial wellness business in
I am starting an online financial wellness business in November. I am hiring salespeople that will be 1099 contractors. They can work whenever and from wherever they choose. We do not give them set ho… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm starting a maid cleaning service in Atlanta georgia.
I'm starting a maid cleaning service in Atlanta georgia. They will be hired as sub-contractors. I wanted to know if i'm allowed to tell them to wear our company shirt and if im allowed to train them.… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I have a small S Corp. It's an entertainment/event company
Hi. I have a small S Corp. It's an entertainment/event company based in Florida. As owner, I am the only person on payroll since 80% of my revenue comes from my artistic direction, costume and product… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,558 satisfied customers
I own a business and I have only contractors, I do carry work
I own a business and I have only contractors, I do carry work compensation coverage for the full time contractors as well as the contractors that do clerk work for the business m Can my insurance comp… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I started working as a 1099 employee in Alabama in 2009 for
I started working as a 1099 employee in Alabama in 2009 for the first time in my life. I worked 40 years as a W2 before that. I did not do my homework on what it meant to be a 1099 and now my taxes ar… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I have 2 questions: 1) I am a current, union cement mason
I have 2 questions: 1) I am a current, union cement mason in Las Vegas, NV, but do to the current economy, I now work for a non-union contractor. We have been contracted on various jobs on the strip, … read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
Are you responceable for a contract labor medical bills or
Are you responceable for a contract labor medical bills or loss of income, if he says it was working for you? Sometimes i have contract workers that are paid hourly until a project is finished.… read more
LadyJustice
LadyJustice
Attorney & Counselor At Law
Doctoral Degree
410 satisfied customers
I was recently terminated from my 10 year employment as an
I was recently terminated from my 10 year employment as an insurance agent, office manager, and employee benefits administrator. I was paid as an independent contractor by 1099 form instead of W-2 but… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
What are my options/rights for the following situation: (1)
What are my options/rights for the following situation: (1) Company A makes job offer to me as a direct employee of Company A with salary, bonus, benefits (Health Ins and 401K). At the time, I am empl… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am presently employed by Holland America Line as Hotel Manager
I am presently employed by Holland America Line as Hotel Manager on the ms Rotterdam. I have worked for the company continuously since 1976 – more than 35 years. I was just told that they are not rene… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I was hired as at will employee . My wages are paid bi-weekly.
I was hired as "at will employee". My wages are paid bi-weekly. In the contract I signed, it sais that I will be paid $ 12.00 an hour plus a bonus hourly wage of $ 5.00 an hour, less all applicable wi… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
CALIFORNIA I have an independent contractor agreement with
CALIFORNIA I have an independent contractor agreement with COMPANY A. I am subcontracted to do work for Clients of COMPANY A through this independent contractor agreement. I do not have any do not com… read more
socrateaser
socrateaser
1,031 satisfied customers
Dear Sir/Madam, I am a freelance programmer. The client
Dear Sir/Madam, I am a freelance programmer. The client I'm discussing is in Washington and I am in Texas, and I've worked from home for approximately 2 years. I started work for an individual about a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I work for a government contractor on and Air Force Base in
I work for a government contractor on and Air Force Base in CA. We are a 24/7 operation and we work straight eight hour shifts. We do not have a lunch or scheduled break periods and we eat lunch in ou… read more
socrateaser
socrateaser
1,031 satisfied customers
I have represented one company as an independent contractor
I have represented one company as an independent contractor the last 20 years but have only been under contract as such the past five. The company was recently successfully sued by another representat… read more
socrateaser
socrateaser
1,031 satisfied customers
I am an independent contractor in the state of pennsylvania,
I am an independent contractor in the state of pennsylvania, subcontracted by a corporation based in ohio. i have completed work for this corporation, and they have refused to pay me. what are my lega… read more
socrateaser
socrateaser
1,031 satisfied customers
for the last 2 years i have been using 3 subcontractors. They
for the last 2 years i have been using 3 subcontractors. They help me run my business. i was told to have them sign w-9 forms just last year so that tax filing will be more legal. I have been claiming… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 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