Is an Independent Contractor Agreement Void if You're a Misclassified Worker

[hc.spero]

My question involves independent contractors in the state of: Georgia

With regard to worker status misclassification, if by means of an IRS SS-8 or DOL WHD determination letter a person is regarded as an employee instead of an independent contractor, is the independent contractor agreement, or ICA, null and void?

Any feedback would be appreciated.

Thanks!

[Mr. Knowitall]

Parts may survive. I have no access to the agreement and you haven't explained the issue. Have the contract reviewed by a lawyer.

[hc.spero]

Unfortunately, I was never given a copy and the client has refused to provide me with one. This little issue of "you should've asked for a copy at the time of signing" (which I did) and the only alternative being "you should've made a copy" (the contract was taken from me once I signed it) or "you should've jumped on the client's back and wrestled the contract from the client's kung fu grip" has made me never want to do independent contracting again.

To me, this is a obvious case of breach of implied covenant of good faith and fair dealing.

"The covenant imposes on each party to the contract the duty to refrain from doing anything which would render performance of the contract impossible by any act of his own, and also the duty to do everything that the contract presupposes that each party will do to accomplish its purpose."

The performance of the contract is impossible if no work is given to me. It's more of an illusory promise at this point that if work could be given you'd get x dollars an hour, even when the client has clearly stated no work will be given and that the client will also not release me from the contract.

It seems to be presupposed that if work is available for the IC to do the company will give the work to the IC to do.

"A party to a contract breaches the implied covenant of good faith and fair dealing by interfering with or failing to cooperate with the plaintiff in the performance of the contract."

How can I perform according to the contract if I'm not given a copy?

[Mr. Knowitall]

You're posting the same idle thoughts in multiple threads. That's not helpful.

If you have in fact filed to have your relationship with your client evaluated by the state government or IRS, or have threatened your employer that you intend to do so, odds are that's why they aren't willing to give you any documents. Is that what's going on?

Are you choosing to continue to work for this client, or have you chosen to move on?

[hc.spero]

You're posting the same idle thoughts in multiple threads. That's not helpful.

If you have in fact filed to have your relationship with your client evaluated by the state government or IRS, or have threatened your employer that you intend to do so, odds are that's why they aren't willing to give you any documents. Is that what's going on?

Are you choosing to continue to work for this client, or have you chosen to move on?

I'm sorry for posting the same "idle thoughts" in multiple threads. I assumed I was asking separate questions. I apologize.

I have not yet filed to have my relationship with my client evaluated. I have not threatened my employer that I intend to do so. That is not what's going on. I didn't intentionally leave pertinent or relevant information out of these threads in order to get a particular answer. That would be fruitless.

I can't choose to work for the client or choose to move on because the client is holding me in some strange "non-work status" limbo, where work is available for the IC to complete but the client does not give that work to the IC, nor does the client terminate the contract.

[Mr. Knowitall]

The fact that your client has work available does not, of itself, mean that you have to accept the work.

If you choose to continue the relationship and choose to accept more work, that's your choice. If you don't want to make that choice, tell your client you're not interested in taking any more work. What's complicated about that?

[hc.spero]

The fact that your client has work available does not, of itself, mean that you have to accept the work.

If you choose to continue the relationship and choose to accept more work, that's your choice. If you don't want to make that choice, tell your client you're not interested in taking any more work. What's complicated about that?

I don't have the option to accept more work because the client isn't offering me work. If the client intends to not offer me work when there's a contract that exists specifically for the exchange of work and money, how is this "limbo" legit? I'm sorry, but for me in my dumb human brain, it doesn't make sense to sign a contract for paying John Smith to mow my lawn and then telling John Smith I won't let him mow my lawn, but that he needs to be available for the next year incase I change my mind.

If you don't want to make that choice, tell your client you're not interested in taking any more work.

Maybe you know something I don't, but I don't know that I can even do that. Also, I am interested in taking more work, which is why I'm frustrated that work is available but is purposefully not being offered to me by the client.

[Mr. Knowitall]

If your client has fired you, move on. Find a new client.

Why do you imagine that you can't tell a client you do not want to work for it? Again, you're not an indentured servant - indentured servitude is not even legal - and you just told us that your client isn't interested in giving you new work.

At this point, you seem to be complaining for the sake of complaining.

[hc.spero]

At this point, you seem to be complaining for the sake of complaining.

I'm sorry, I'm REALLY not trying to complain. I think what might be a more likely scenario is that I don't know my rights as an independent contractor. It's probably the first time I've been 1099'ed, although I've completed many W-2 Corp-to-Corp contracts. I didn't think I could tell a client I don't want to work for it because that would signify a breach of contract?