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  1. #1
    Join Date
    Sep 2012

    Angry Independent Contract vs Employee and Docking of Pay

    My question involves independent contractors in the state of: Michigan

    Hello all,

    I started working for this company in July 2012. They told me right off the bat that I would be considered an independent contractor even though I am working as an employee. I know this illegal... and I am not looking forward to April tax time... but I was desperate for a job.
    He pays for and supplies all supplies and such. He sets my schedule and "says" I have control over the hours I work, but I really don't since I have to be here when the office is open till close (8-5). I do not get paid vacation even though he said I would in the interview. I get an hour lunch but RARELY take the full hour but don't get paid for the time I don't use. I often stay after hours and do not get paid overtime or paid anymore (like salary, but as he says "Your not salary because your not an employee"). And when I take a day off I do not get paid for it. I have a feeling I am getting ROYALLY screwed here and need some advice on what I should do. We do not have anything in writing and he hasn't even asked me to fill out the w-9 form yet. I am clearly an employee and he just wants to skip out on paying my taxes. What should I do?? I am currently looking for another job, but if I don't anything else I will have to stay here.

  2. #2
    Join Date
    Jun 2006

    Default Re: Independent Contract vs Employee and Docking of Pay

    Just as an FYI, whether you do or don't get paid vacation does not enter into whether you are an employee or not; neither does the length of your lunch hour. However, I do agree that you are most likely an employee. You are free to confirm that with the DOL but I would recommend that you wait to do so until you've found another job - otherwise he may suddenly find that he doesn't need you any more.

  3. #3
    Join Date
    Jul 2007

    Default Re: Independent Contract vs Employee and Docking of Pay

    Complete IRS form SS-8 and submit it. They will make a formal determination. It will piss off the company you are working for so don't do it unless you're ready to move on.

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