Can a employer be liable for an independent contractor?

Can a employer be liable for an independent contractor?

If an employer either knows or should know that an independent contractor is sexually harassing employees, the employer may also be liable for failing to protect employees. Agents. An employer’s agents may be employees, or they may be independent contractors.

Can a contractor still work for the IRS?

In looking at the IRS website, I was under the impression if they control when/where/how I work, I am no longer a contractor but an employee.

Can a company avoid liability by hiring a contractor?

The theory is that employers should not avoid liability when there is a foreseeable risk of harm from the activity that the contractor was hired to do, especially if there are reasonable measures that the employer can take to reduce the risk.

What to do when your employer treats you as a contractor?

One way to push back on their demands, and reinforce your contractor status, is to look for other projects and clients to fill your time in the interim. Same rules apply in Canada – it’s a tricky conversation, but it can be done. Yup, I was in that position a few years ago, along with 5 other co-workers.

When does an individual become an independent contractor?

The IRS defines independent contractors in this way: “The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.” So, if you own a restaurant and hire two waiters, they would be employees.

Is it illegal to have employees and independent contractors?

Many businesses have some employees and some independent contractors, and there is nothing improper in so doing. However, it is inappropriate to have to have one worker selling shoes on an independent-contractor basis and another similarly situated worker doing the same thing as an employee.

What happens if you misclassify an employee as an independent contractor?

Under the Law. The rules surrounding whether a worker is an employee or independent contractor are complex. But it’s important to get it right, because when you misclassify an employee as an independent contractor, you open the door to significant legal and financial troubles.

How can I tell if my independent contractor is an employee?

You should receive invoices, and payment checks should be written to the business name — never the individual. Further, it helps your case if the worker has an Employer Identification Number (EIN) for tax purposes. The worker only works for you: Independent contractors typically work with multiple clients.