An independent contractor is an individual who, in the pursuit of an independent business, undertakes to do a specific piece of work for someone or something else, using one’s own means and methods. Basically, the idea is that an independent contractor is someone who has control over how his or her work is being done, even though his or her work is being done for someone else.

If you believe that you do not have a sense of control over how you do your work, your employer may have wrongfully classified you as an independent contractor. If you want just compensation for this wrongful employment classification, please do not hesitate to call Leichter Law Firm PC at 1-833-OT-WAGES for help with your labor law dispute.

Distinguishing between an independent contractor and an employee is a very complicated legal problem. Generally speaking, the right to control one’s work is the main factor in determining if someone is an independent contractor or an employee. An employer generally has the right to select, control, and discharge an employee, but an independent contractor is not under the direct control of an employer.

The bottom line is that determining whether you are an independent contractor or an employee is a tough and tricky legal issue. Your employer has been exposed to this before, so they have experience with these legal issues. You need the skill and experience of a labor and employment attorney on your side to help with this complicated problem.

The crucial component in determining if someone is an independent contractor or an employee is the right to control the individual’s work. To find control, the courts have turned to the following factors:

• The independent nature of the work business
• The worker’s obligation to furnish necessary tools, supplies, and materials to perform the job
• The worker’s right to control the progress of the work, except the final result
  The time for which the worker is employed
• The method of unit payment, whether by unit time or by the job

If your employer has been telling you when, where, or how to complete your work, you may be wrongfully classified as an independent contractor. This deprives you of benefits, overtime pay, and other compensation that you would be entitled to if you were correctly classified as an employee. Please contact us today if you think you have been wrongfully classified as an independent contractor, and we will help you get the money you deserve.