Indep. Contractor vs. Employee Misclassification

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velmav

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I was recently released from a position in which I was labelled an independent contractor, but I believe being treated as an employee. I can share with you several facts about the position, and any input on whether this was a misclassification that needs to be addressed would be greatly appreciated.

-We were paid by an hourly wage.
-We were expected to be in the office between the hours of 9 am and 5 pm (approximately) 5 days each week. There was some flexibility (9-9:30 am), but it would not be acceptable to show up at noon or have to leave by 3 pm, etc.
-We were not given any benefits, and no taxes were taken out of our paychecks.
-The contracts ran on 90 -day periods.
-The dress expectation (although not written in the contract) was the company's logoed shirt or business casual wear.

I don't know much about these categories, but I have been told on multiple occassions I was misclassified. Please let me know if you know much about these classifications, or if there are any further questions about the position that would help determine this case.

Thank you!
 
None of this qualifies you as an employee in the legal sense. Most of all, what does it matter to you?

Most importantly - did you have a written agreement? What did it say?

From what I can see, it seems as if you were no different than any other contractor and, by virtue of your freedom regarding work hours, seem to have been properly classified.
 
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