Independent Contractor

[olucy]

What is the name of your state (only U.S. law)? Texas

I am in Texas and the MD I was working for is in NY. I worked for him on a contract basis for almost a year. There is no signed contract. Just an email agreement of what I would do and the hourly charge. I submitted invoices by email every 2 weeks. Pay has always been sporadic. While I have recvd 2 checks within the last 60 days they are actually payment on invoices for work done 5-6 months ago. They recently terminated the agreement saying they cant afford to continue the agreement. The response to my final invoice ($38,000) is that they will set up a weekly payment that they can afford. They were to email this payment plan this week but no email and no response to mine. I want to know my options if they dont pay me or if they want to take 5 years in doing so. Right now I have signed for unemployment but do have a possibility of a regular salaried postion.What is the name of your state (only U.S. law)?

 

[justalayman]

first, if this was your only employer in the last year or so, it is unlikely you will be eligible for UI. Independent contractors are not eligible for UI unless their "company" paid into the UI system for them.

if you cannot come to an agreement about the money owed, you would be relegated to suing them. Then all you have to do is collect on the judgment if you win.
If you have a job offer, it sounds like that would be a good direction to go. Kind of hard to pay a lawyer for your suit without income.

 

[Antigone*]

What is the name of your state (only U.S. law)? Texas

I am in Texas and the MD I was working for is in NY. I worked for him on a contract basis for almost a year. There is no signed contract. Just an email agreement of what I would do and the hourly charge. I submitted invoices by email every 2 weeks. Pay has always been sporadic. While I have recvd 2 checks within the last 60 days they are actually payment on invoices for work done 5-6 months ago. They recently terminated the agreement saying they cant afford to continue the agreement. The response to my final invoice ($38,000) is that they will set up a weekly payment that they can afford. They were to email this payment plan this week but no email and no response to mine. I want to know my options if they dont pay me or if they want to take 5 years in doing so. Right now I have signed for unemployment but do have a possibility of a regular salaried postion.What is the name of your state (only U.S. law)?

You were not an employee of this company and cannot list them as an employer. You were an independent contractor. You have the option of suing them in order to assist in collecting what you are owed.

 

[olucy]

But I have already been approved for unemployment. They have already sent me the accept papers and forms. There is no recourse thru the wage/labor board or something like that?

 

[justalayman]

But I have already been approved for unemployment. They have already sent me the accept papers and forms. There is no recourse thru the wage/labor board or something like that?

I would be cautious about that approval for UI. Unless there is a lot you are not disclosing here, there is no way you would be eligible for UI.

and since you were an IC, the wage/labor board has no control over what happened. An IC situation involves contract law, not labor law.

 

[olucy]

Well I may be confused on what defines an independent contractor. I was using that term since the employer did not withhold any federal or NY taxes or SS and didnt provide any health benefits as he does his onsite office staff. I worked for him remotely hooking up thru 2 web-based progams to his office system and also to the external billing company. There was an intial email agreement stating the work they wanted me to do and what I would charge them per hour to do this work. I called Texas Work Commission and they referred me to section 61 of the Texas Labor Code which mentions Independent Contractor but does not define it. But I am approved for Unemployment for up to 1 year. They havent sent me a 1099 or a W-2. So am I an employee?

 

[Antigone*]

Well I may be confused on what defines an independent contractor. I was using that term since the employer did not withhold any federal or NY taxes or SS and didnt provide any health benefits as he does his onsite office staff. I worked for him remotely hooking up thru 2 web-based progams to his office system and also to the external billing company. There was an intial email agreement stating the work they wanted me to do and what I would charge them per hour to do this work. I called Texas Work Commission and they referred me to section 61 of the Texas Labor Code which mentions Independent Contractor but does not define it. But I am approved for Unemployment for up to 1 year. They havent sent me a 1099 or a W-2. So am I an employee?

You did function as an independent contractor. You were not an employee.

Be careful about how your presented your "employment" you don't want to be held liable for having to pay any benefits back.

 

[mlane58]

You did function as an independent contractor. You were not an employee.

Be careful about how your presented your "employment" you don't want to be held liable for having to pay any benefits back.

You don't know that for sure. Just because the OP is remotely working doesn't make them an IC.

 

[Antigone*]

You don't know that for sure. Just because the OP is remotely working doesn't make them an IC.

Nothing in his posts indicates that the company controls the details of how his services are performed.

I'm sorry but I don't remember saying that working remotely was a key factor.

 

[justalayman]

. So am I an employee?

that's the $64k question. The problem is; even the government has trouble making the determinations sometimes.

If you were considered an employee by those that are reviewing your case, then it could be that you were. You were stating your were an IC and it appears you were being treated as an IC so I simply accepted that you were. It could be the employer was illegally treating you as an IC though. Just not enough information to make that determination definitively.

 

[mlane58]

Nothing in his posts indicates that the company controls the details of how his services are performed.

I'm sorry but I don't remember saying that working remotely was a key factor.

I didn't say you did. So you just make an assuption that the OP is an IC because there aren't any indicators of company controls. First rule---don't make assumptions.