Independent Contractor Misclassification
Worcester Independent Contractor Misclassification Lawyers
Employment Law Office Serving Middlesex and Hampden Counties
Companies often hire people as “independent contractors” rather than as employees. If you believe you have been misclassified as an independent contractor, Murphy & Rudolf, LLP can help. Our Worcester employment lawyers keep up-to-date on federal and state laws and can represent you in court.
Call today at (508) 570-3037 for a free consultation.
Factors that make independent contractors unique include:
- They receive 1099 tax forms
- They do not have taxes withheld from their paychecks
- They are responsible for paying their taxes directly
- They do not receive benefits such as vacation time or health insurance
Furthermore, companies do not have to contribute to the fund for unemployment insurance for independent contractors. They also do not have to provide workers’ compensation insurance. Hiring an independent contractor can therefore seem cheaper or more convenient for employers.
For employees, however, there are many serious disadvantages to being treated as an independent contractor. If you are terminated, you will likely not be eligible for unemployment benefits, and if you are injured on the job, you will likely not receive workers’ compensation. It is important for you to know whether you are an independent contractor or actually an employee, and our Worcester employment law attorneys can talk with you to determine your correct employment status.
Massachusetts Law Regarding Classification of Independent Contractors
Depending on your circumstances, it may be illegal for a company to treat you as an independent contractor rather than as an employee. This may be true even if you signed a contract that says you are an independent contractor. Massachusetts law provides a strict three-part test for determining whether someone is an independent contractor or is actually an employee, and it is the employer’s burden to prove that you are an independent contractor.
Three aspects that determine if you are an independent contractor include:
- You are free from the direction and control of the employer
- The service you provide is outside the usual course of the employer’s business
- You usually perform the same service as part of an independently established trade or business
If any of these three items does not describe your situation, then you are likely an employee. It does not matter whether the employer believes you are an independent contractor, or whether the employer treats you as an independent contractor for tax purposes. All that matters is whether the employer can apply the three-part test to you, and the Worcester employment law attorneys at Murphy & Rudolf, LLP can help you through every step of the process.
If you believe that you have been wrongfully classified as an independent contractor, call us today at (508) 570-3037 for dedicated representation.
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