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Employment classification (1 viewing) (1) Guest
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TOPIC: Employment classification
#6935
Tim46 (User)
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Employment classification 7 Years, 7 Months ago Karma: 4  
Can someone please tell me how employers are supposed to classify "employees" vs "contractors"? I have a client that was injured on an employer's premises and the employer is claiming that the employer is not responsible or workers compensation as he has an independent contractor agreement with my client. However, my client, is acting as a full-time controller for the company and has no ties to any other business. So, can an independent contractor agreement be unwound by a court and the relationship reclassified as that of an employer/employee?
 
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#6951
Samantha (User)
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Re:Employment classification 7 Years, 7 Months ago Karma: 2  
The answer depends on what the state law workers comp says. You didnt say what state the plaintiff resided in, but regardless, the iRS actually has a detailed list of factors they review to determine who is an employee and who is an independent contractor, regardless of the contracts between the parties.

Check out this link. I hope it helps some: http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
 
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#6961
C. Lochen (User)
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Re:Employment classification 7 Years, 7 Months ago Karma: 0  
i wouldnt worry too much about the IRS classifying persons as employees or independent contractors, its usually the states that enforce employee classification so that they can ensure that they are collecting enough state unemployment compensation from employers. I think that the states are the first line of offense. I'm sure that the states use their own set of factors and criteria when classifying employees. Just check with the respective state's unemployment division website for more details.
 
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#7005
Mesrianilaw (User)
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Re:Employment classification 7 Years, 7 Months ago Karma: 0  
Workers who are considered employees are those who are under the control of a company, paid wages by the company and has a signed employment agreement. Without these basic factors, a worker may be considered be an independent contractor.

To determine whether one is an employee or an independent contractor, you should examine the relationship of the worker and the company. you should focus on control and independence and these three categories: behavioral control (who has control over the worker?), financial control (who pays his salary and supply the tools or equipment?) and the type of relationship (Is there a contract, is it permanent?)


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#7077
jonathan2500 (User)
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Re:Employment classification 7 Years, 6 Months ago Karma: 0  
Hi all! I think one can differentiate about a person that he is an employee or an contractor by knowing the fact that how much control the company have over his work. Way of doing the work can also provide an indication to somebody. And whether the company have any control on the business aspects of workers job. presence of any written contract and benefits such as pension plans, payment on vacation, insurance schemes will also give an idea if person have any out of these .
 
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#7097
smarx08 (User)
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Re:Employment classification 7 Years, 5 Months ago Karma: 0  
Do any of those factors weigh more than the others? So, is the employer's lack of control more indicative of an independent contractor, than say what a written contract states? If the written contact states one thing, but the actions of the parties differ, which will prevail?
 
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