Thank you for the reply.
I do understand that lawyers etc bill by the hour but they also determine their own hourly rate and they own their own business.
May I ask what is it about the way the job is handled that leads you suspect I would be independent?
Based on the IRS standards/ questions for behavioral and financial control as well as the relationship it appears many of them lean towards me being an employee. If I’m mistaken can you please point out any important factors I’m missing?
From my readings you can not be both an employee and an IC at the same time. Me working hourly directly for the business seems to be just that. They even hired two guys hourly to do exactly that but also considered them IC. I thought exploiting people like this to only save them from paying taxes etc was exactly what is considered mis-classification.
I did not mean to point out my value to them but I suspect you took it that way based off of my statement that my services are a key activity of the business. This is stated specifically on the IRS page that it would be geared towards an employee relationship. My everyday activities were exactly what keeps the business afloat and could be done by any regularly hired employee which in turn would mean they are only trying to save time and money by not paying taxes etc. Am I reading this wrong?
My question on punitive damages wasn’t based on any exposure etc. What I meant by that is that if I should indeed be considered an employee they would now be withholding my final check which I would think is cause for some kind of punishment or award.
Thanks again for the reply and any further advice/opinions would be greatly appreciated.
Thank you! I have added up the hours worked and the hours paid and the amount I believe I’m due if considered an employee would be around $4,000.
If considered an independent contractor I should be due around $2,000 which comes to approximately $5.50 an hour
If I am legally an IC and no contract is required this means they can do whatever they want? What about the fact I was told it would take a month? If verbal is a fair way to handle this then are they not in breach of the verbal agreement?
Also I never filled out a W-9 or anything and they never asked me to. I understand a verbal agreement is ok however shouldn’t I have had to fill out the proper forms?

