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Independent Contractor Termination?

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mjohnson691

Junior Member
North Carolina

My husband is currently being paid as an independent contractor (1099) by a small software company. His manager, part owner of the company, keeps refering to him as a part time employee and expects him to "control" him as a employee. He currently works out of his house with his own personal equipment. Recently he was sent an e-mail from him employer because his personal travel plans changed and he would not be working from his home office but rather another location. A location that offers the same ability with no disruptions to his work.

The employer continues to demand that he provide any sort of "personal" travel notifications and deem that working from a hotel room is not the same as working from a home office. They have never defined his term of employment but expect him to be available for work at their convenience in a location of their choosing.

What are his obligations to his employer legally? Is he required to give 2 weeks notice when he is being replaced?
 


pattytx

Senior Member
If, in fact, he is correctly classified as an independent contractor, he doesn't have an employer. He has a customer.

The more behavioral control the company desires to have, the more likely it is that he is an employee. However, behavioral control is not the only component of the IC determination. The IRS definition is the most commonly used. Go to the IRS website and download Publication 1779.
 

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