Restrictive covenants - Independent Contractors- Employee Misclassification?

I've been working at a dance studio as an instructor for 8 years now. At the time of my hiring I was made to sign a contract that stated I was an Independent Contractor but could not work elsewhere in the "area" of the studio. (This has since been verbally changed to a 25 mile radius).

Over the course of the time I've been there I've been an integral part of the studio acting as a lead instructor, coach, and choreographer. I have also helped shape the studio's curriculum, student packages & pricing, group classes, youth program, competitions & events, and mandated to attend studio staff meetings.

The studio owner refers to me as their instructor, I'm known in the dance community as their main teacher, and I've had pay withheld for tardiness due to doctors appointments. (I'm also legally disabled so I see various specialists often and try to schedule visits around lessons but unexpected tests sometimes prohibit my ability to arrive on time but am still able to provide the full lesson to students).

I've recently brought it to the owners attention that I do not feel as if I'm treated as an IC. I would like to maintain my IC status if possible.

Am I independent if I'm unable to teach elsewhere without driving an hour or more? Are my restrictive covenants legal? If I am being misclassified what are my rights for compensation on lost wages?

0 answers  |  asked Nov 4, 2016 12:00 PM [EST]  |  applies to Illinois

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