After hours work as an independent contractor.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

After hours work as an independent contractor.

As an independent contractor, being paid on an fixed hourly basis, I’m being asked to sign a confidentiality agreement which states that the Company maintains ownership of any works created while not at work. My question is, would I still be considered a contractor if I’m not actually ‘on-the-clock’? Wouldn’t such a demand break the IRS’s common law rules for contractors?

Asked on June 18, 2009 under Employment Labor Law, Texas

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Parties are free to contract for whatever they agree to as long as it doesnt violate the law or a public policy.  Just because you are called an independant contractor does not mean that you are one by law.  You have to look at certain factors - specifically control over your duties.  Simply calling you an independant contractor doesnt get the employer out of responsibility.  As for the document you signed, you are bound by it regardless of whether you are an independant contractor or an employee if you agreed to it.  I am surprised you signed this.  did you get paid extra money to sign?  did you consult with a lawyer first?


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption