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I believe I can shed light on your questions, and you have asked - sm

Posted: Apr 21st, 2016 - 3:05 pm In Reply to: confused on IC vs employee/employer status - confused MT

some good questions that need clarification. First, a company cannot demand you work a schedule. MTs have been brainwashed to believe that a company has a right to tell you they need coverage for periods of time. Not so. If a company needs that, they need to hire employees. Period. Those of us who work as ICs do so for a reason, flexibility being the foremost reason. We work as available. A company cannot require you to produce a set amount of lines. Period. More and more companies today are hiring ICs than ever before because they do not have to pay the taxes and benefits. What has not changed for the IC are the expenses involved in working as an independent contractor, such as paying our own taxes, our own health insurance, our computer upkeep and repairs, all of the expenses in running our own businesses (and you are a business if you are an IC), etc. Your questions regarding schedules and line count requirements constitute CONTROL. The IRS looks at the control factor to determine if you are being treated as an employee versus an independent contractor. How much control does the business have over you? Are you told how to do your job, when to do it, and in what order to do it? These are all control factors that lean heavily towards employee status. I do see job postings for ICs from companies who understand what they cannot require (such as hours, production, etc.), but they are few and far between. Somewhere at some time some companies got away with demanding schedules and production requirements, and the rest just fell in line copying the same practices, all frowned upon by the IRS, some even going further than the rest in their requirements. Some of these companies who hire ICs micromanage you to the extent that the nationals do their employees. I've even heard MTs say but, but, but if you want a job, you have to fulfill the contract. Shame on them that they signed a contract requiring set hours and line counts. One only has oneself to blame when the demands and control for your time outweigh the pitiful rate we are paid because ICs are no longer paid a higher rate as in the past to makeup for the expenses incurred for this status, a benefit to the company in every sense but not to the contractor.

I hope this answers your questions. There is no such independence for the INDEPENDENT contractor if a company can demand such control over your work. You are a professional. You are under contract because you are a professional and were given that contract because of your field of expertise. Just be sure you are aware of what you are signing, and if you are treated as an employee after accepting a contract instead of a contractor, there is a remedy for that as well. The IRS.


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