Am I an employee, and do I have rights?

UPDATED: Oct 2, 2022

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Am I an employee, and do I have rights?

I work remotely for a company in a different state than me. I am a telemarketer. I was hired as an independent contractor. We have weekly training, and a weekly conference called. I was hired under the condition that I could make my own hours. Once my sales improve, I will be forced into a higher tier still not an employee where we take turns picked shifts. I need to use company approved software, and work within their hours.
The weekly training call are mandatory. The attendance is measured as part of our performance. If we do not maintain 100 attendance to these unpaid meetings as well as any other impromptu unpaid meetings we will drop below 100 and presumably be fired.
We must adhere strictly to their script and guidelines in every way, working within specific hours and in 4 or 6 hour shifts.
Is this not just an employee? Why must I do my own taxes?

Asked on August 1, 2019 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Based on what you write, you appear to be an employee: the employer manages how you do your job and provides a script you must follow, has at least partial control over your hours, and provides the tools (e.g. software you need to use). The degree of control they exercise over you is not consistent with being an independent contractor: the contractor is told what to do, but then determines how, when, etc. and also provides his/her own tools, equipment, etc. Therefore, you should be paid as an employee, which includes your employer paying the employer portion of socal security and Medicare taxes for you. You may wish to contact the department of labor to file a complaint.

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 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.

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