Whats the best way to handle a boss saying you're an independent contractor when you're an employee?

My friend was hired as in independent contractor. He fills out a 1099 and signed a contract saying he was an independent contractor & won't sue for injury. They bought him insurance, supplies, set his schedule, trained him to do jobs a certain way, was told he couldn't get another job because they might need him on the weekend, is given gas money, he does almost all of the jobs, and they charge the customer then take most of the money for work he did. Customers have dropped off and they arent advertising at all so he is making almost nothing. He is told to advertise with their business cards and is supposed to get a few bucks if anyone uses them but never has. Since he is insured under them and uses their supplies can he get in trouble for advertising for himself? He didn't know what they were doing was wrong until now. What is the best way to handle this and what can happen?

1 answer  |  asked Apr 19, 2010 6:48 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
The worst that will happen is the "employer" will terminate you for working on other projects. The termination will not affect you much because the employer is not giving you work as it is. If you are truly an independent contractor, then you have the right to do whatever you want in the hours not consumed by your assignments. Even though you certainly look like an employee based upon your description this may be an instance where being an independent contractor may be to your advantage.

You may need to consult with an employment lawyer near you to go over the details. You can select one at www.oelasmart.net/directory

posted by Bruce Elfvin  |  Apr 20, 2010 07:01 AM [EST]

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