What should you do if your employer won't sign a standard independent contractor contract?
What should you do if your employer won't sign a standard independent contractor contract, demands that you perform out-of-scope work per your "offer letter" that was "to stand in lieu of a formal contract", demands that you come in to their place of office in person when meetings consist of being yelled at, called stupid, or lectured, and all upon threat of termination?
What I've tried thus far:
Emailed them twice that I believe due to the scope and control over my work and "open-ended" contract that I've been misclassified as an independent contractor - the first email to which they never responded. Sent them a standard independent contractor contract that I've received from many other clients edited with their business info (which they won't sign). Repeatedly emailed that certain projects are out-of-scope with the "offer letter" they have sent me to "stand-in in lieu of a formal contract." Repeatedly emailed that out-of-scope projects can be negotiated separately. Emailed them a copy of the "offer letter" they have sent me to "stand-in in lieu of a formal contract" to show my current scope of work. Asked that assignments be sent in writing and that email is acceptable format for that writing, as verbally given assignments and duties are being forgotten. Asked that approval of projects be sent in writing, and that email is acceptable format for that writing, as verbally given approvals are being forgotten. Emailed more than once that in-person meetings can be held when project time permits and when assignments are sent in writing. I've also mentioned that the control and demands they are making over how I do my work is an indication that I am and have been an employee and that treating me as an independent contractor without a contract is tax fraud.
I've also filled out the IRS's FSS8 Misclassification paperwork and am waiting on a determination from the IRS.
Answers (0)
No answers were found for this question.
Answer This Question