Re: Question-How independent is "independent contractor status?"

Subject: Re: Question-How independent is "independent contractor status?"
From: "Mike O." <obie1121 -at- yahoo -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Thu, 27 Mar 2003 11:43:34 -0800 (PST)


Sara-Sue wrote:
> I'm wondering just how literally to take the "independent
> contractor" status clause in my contract?

They need this clause to cover them in the event you (or the
IRS) decides one day you are really an employee and now you want
all your benefits and withholding taxes paid retroactively. This
is the clause they are least likely to negotiate with you.

> The problem is...I feel I'm getting "mixed messages".

That's because they want to have their cake and eat it too. They
want to hire a contractor but treat them like an employee.
Sometimes this seems evil and calculating on their part, but
more likely it's just that HR only knows how to relate to FT
employees and doesn't understand contractors.

> If I'm an independent contractor...then "must" I conform
> to their work hours?

IANAL, but technically no, based on the IRS definition. If they
exert certain types of 'control' over you they risk that the IRS
may reclassify you as an employee.

On the other hand, if you don't conform they will probably let
you go. And nobody is likely to enforce the IRS rules on your
behalf; now you are in the realm of politics.

> Do I have the option of working from home?

Yes of course, work hours and location are types of 'control'
they may not exert on you. But they also have the option of
ending your contract.

Regards,
Mike O.



__________________________________________________
Do you Yahoo!?
Yahoo! Platinum - Watch CBS' NCAA March Madness, live on your desktop!
http://platinum.yahoo.com

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Order RoboHelp X3 and receive a $100 mail-in rebate, plus FREE
RoboScreenCapture, WebHelp Merge Module and iMarkupSoftware, for a total
giveaway value of $473! Order here: http://www.ehelp.com/techwr-l

Help celebrate TECHWR-L's 10th Anniversary starting this month!
Check out the contests at http://www.raycomm.com/techwhirl/special/contests/
Happy birthday to you, happy birthday to you, happy birthday TECHWR-L....

---
You are currently subscribed to techwr-l as:
archive -at- raycomm -dot- com
To unsubscribe send a blank email to leave-techwr-l-obscured -at- lists -dot- raycomm -dot- com
Send administrative questions to ejray -at- raycomm -dot- com -dot- Visit
http://www.raycomm.com/techwhirl/ for more resources and info.



Previous by Author: RE: Dumb as a fox; was BS-ing your way...
Next by Author: BS-ing your way into a Tech Writing job (was: The Tech Writin g World)
Previous by Thread: Re: Question-How independent is "independent contractor status?"
Next by Thread: Re: Question-How independent is "independent contractor status?"


What this post helpful? Share it with friends and colleagues:


Sponsored Ads