What can I do if I’m an independent contractor however my employer treats me like an employee?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if I’m an independent contractor however my employer treats me like an employee?

I’m required to take off 2 days a week and I have a set schedule set by the business. Additionally, I’m required to give 30-days notice for any time off.

Asked on July 7, 2015 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you think that you you should be getting W2 income (employee) instead of 1099 income (independent contractor), then you can file a complaint with your state's department of labor.

However, you should know that IRS has guidelines to help determine if someone is or isn't a W2 employee. If you may be a W2 employee if you can answer yes to any 1 or more of the following:

Behavioral Control - Does your employer direct you on how, when or where to perform your work duties?

Financial Control - Does your employer pay the expenses (including reimbursements) of the work you perform?

Benefits Provided - Does your employer provide any benefits to you (i.e. PTO retirement plan, etc.)?

If you are still having unclear as to your staus, you can consult directly with an employment law attorney or contact your state's department of labor.

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