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Independent Contractor vs Hourly Employee - JM

Posted: Sep 26th, 2022 - 3:35 pm

My time is worth something.  I was let go, just not able to log on and staff refused to speak to me. They are Global Med, aka Superior Global, so they are trying to dodge paying me my last paycheck. When I turned them in to the Labor Relations Board a minute ago, I wondered about those days where I had no work while I am waiting for my new job to begin. They disappeared - never fired me - Hmm..there's are questions where if you answer yes, then your employer should be paying you hourly wages and you are not an independent contractor.  If you answer yes to any of these except #16, you are an employee - I am making Global Med pay me minimum wage for the downtime from the date they turned off the log-in without reason, no communication, just disappearance.  Ok - not officialliy fired, then pay me for my time. I'm worth it. You can do the same - keep reading the questions below and stand up for yourselves!! You deserve it!  

While no single test, nor even the combination of a majority of tests, will necessarily be determinative, a “yes” answer to any one of the questions (except #16) may mean one of your workers is an employee and should be treated as such for tax purposes.

  1. Is the worker required to comply with instructions about when, where and how the work is done?
  2. Is the worker provided training that would enable him/her to perform a job in a particular method or manner?
  3. Are the services provided by the worker an integral part of the business' operations?
  4. Must the worker render the services personally?
  5. Does the business hire, supervise, or pay assistants to help the worker on the job?
  6. Is there a continuing relationship between the worker and the person for whom the services are performed?
  7. Does the recipient of the services set the work schedule?
  8. Is the worker required to devote his/her full time to the person he/she performs services for?
  9. Is the work performed at the place of business of the company or at specific places set by the company?
  10. Does the recipient of the services direct the sequence in which the work must be done?
  11. Are regular oral or written reports required to be submitted by the worker?
  12. Is the method of payment hourly, weekly, monthly (as opposed to commission or by the job?)
  13. Are business and/or traveling expenses reimbursed?
  14. Does the company furnish tools and materials used by the worker?
  15. Has the worker failed to invest in equipment or facilities used to provide the services?
  16. Does the arrangement put the person in a position of realizing either a profit or loss on the work?
  17. Does the worker perform services exclusively for the company rather than working for a number of companies at the same time?
  18. Does the worker in fact make his/her services regularly available to the general public?
  19. Is the worker subject to dismissal for reasons other than non-performance of the contract specifications?
  20. Can the worker terminate his/her relationship without incurring a liability for failure to complete the job?


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