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  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Default When Are You an Employee or Contractor

    My question involves independent contractors in the state of: nj
    The company I contract to requires me to ba available 6 days a week. They expect me to show up between 7 and 9 to recieve work for the day. They do not allow me to advertize my company in any way including having mt phone number on my business vehicle. They require my work to be done by the carpet and rug instatutes standards. They stop giving contractors work if they dont buy supplies from them. They fail to notify if there is work for the week leaving only a 15 hour window if there will be no work the following day. This keeps me from being able to schedule something else to do. They have an employee that comes to our jobsites and checks up on us. They want us to wear their company shirts and give bad reports if we dont. Recently they required us to get out of state home improvement contractors licences. If we do not wont to work out of state they say they just wont use us anymore. This is the ansewer to all inquarries about our mistreatment "we just wont use you anymore". Basicly they controll every aspect of my job and i believe i am an employee but i dont know what to do about it.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Employe or Contractor

    Contact your state DOL and request they interpret your job function as to being an independent contractor or employee.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: When Are You an Employee or Contractor

    It's possible from the facts you've provided that you are misclassified, so consider making a report to your state's department of labor.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,421

    Default Re: When Are You an Employee or Contractor

    Alternatively you can file an SS-8 with the IRS and at tax time and if the determination is made you can seek relief for the portion of the SE tax by filing an 8919 form.

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