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I have been employed as an independent contractor for 15…

I have been employed...

I have been employed as an independent contractor for 15 years for the same company. They have treated me as an employee. It wasn't until lately that it became an issue. I created a contract and emailed it to them

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I have been working as an independent contractor for a company for 15 years but they have always treated me as an employee. It was not an issue until recently and I created a contract and emailed it to me. Now they want to have an independent person evaluate my database. Is the database I created while an independent contractor my property or theirs?

Lawyer's Assistant: Has anything been filed or reported?

I have been filing my taxes as self employed all these years.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is this going to cost me?

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Answered in 2 minutes by:
3/13/2018
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 616
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help you today - you have been doing independent contract work for 15 years? Never anything in writing? No benefits or anything similar correct?

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Customer reply replied 4 months ago
no, no contract or benefits, I work out of my own home and have their filing cabinets etc in my home. They told me how much they would pay me and how many hours I would work. Actually they have told me everything. I have said nothing about my hours or anything. Until lately, which they are very unhappy about
Customer reply replied 4 months ago
I am 70 and have been on ssi for many years, I work part-time for this company to eat. I don't have $59.
Customer reply replied 4 months ago
I looked up the difference and I really have been an employee but since they have paid me I can't sue them or anything. I just want to know if the database I created is my property.
Customer reply replied 4 months ago
are you not going to answer because I didn't call?

thank you for the information - the website offers phone calls, it is not me personally. Unfortunately when you created the database for them it became their property. The only way it would be your property is if you have a patent or copyright on the specific technology used to create the database. Working for so long without a contract hurts you because you have nothing in writing saying that everything you create is your property and you allow the company to use it. Even if you were an employee this would still hold true. As an employee it would be more difficult to prove. Unfortunately you are fighting an uphill battle with no contract.

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I wish I had better news for you.

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Customer reply replied 4 months ago
Dan, Thank you. ***** lose my job, so be it. I have worked and done the best I could if they should chose to let me go then I will go. Think of it this way, I will get my bedroom back and they can put this office stuff in someone else's bedroom.
Thank you so very much. Have a great day!

Have a great day - can you please rate my answer with 5 stars

DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 616
Experience: Partner at McCollum Hodgkinson, P.C.
Verified
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