Know that a contract might not decide your rights

Why is an employer saying I have to be an independent contractor?
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Know that a contract might not decide your rights

The law says that whether you're an independent contractor or employee depends on many different factors.

For example, if you answer "yes" to some of the questions below, you might be an employee no matter what your contract says.

  • Does your employer supervise your work?
  • Does your employer decide what hours you work?
  • Does your employer decide where you work?
  • Does your employer provide the tools and equipment that you use at work?
  • Do you work for only one employer?
  • Do you get paid the same whether the business makes or loses money?

But sometimes it's hard to know if you're an independent contractor. This is especially true if you answer "yes" to some questions and "no" to others.

If you're not sure if you're an independent contractor or employee, or what your options are if you'd rather be an employee, it's important to get legal advice.

Reviewed: March 30, 2018

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