Hired as contractor without benefits

[sunviz]

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


I am based in NC and work as an online contractor for a European company based outside the US. Apart from the title "contractor", I perform all the tasks of an employee: I am subject to management and strict hours: 40-hour work weeks, 5 days a week, etc etc.

I have been with the company for 5 years. However, as a contractor I am not entitled to any benefits:
no sick leaves, paid vacation days, health insurance, maternity benefits, etc. I get paid on an hourly basis, which is sent via my bank account at the end of every month.

I would just like to know if this is illegal/ something I can contest on the basis of misclassification. The problem here is that the company is not registered in
the US. Do I have a case?

Thank you!

 

[AdjunctFL]

I would just like to know if this is illegal/ something I can contest on the basis of misclassification. The problem here is that the company is not registered in
the US. Do I have a case?

If you worked for a domestic employer you could file Form SS-8 with the IRS and ask for a determination whether you are an employee or subcontractor. However, the IRS has no jurisdiction for FICA/Medicare issues over a foreign employer who is paying you as a self-employed individual. Your only choices are to continue the relationship or find other employment.

 

[Zigner]

If you worked for a domestic employer you could file Form SS-8 with the IRS and ask for a determination whether you are an employee or subcontractor. However, the IRS has no jurisdiction for FICA/Medicare issues over a foreign employer who is paying you as a self-employed individual. Your only choices are to continue the relationship or find other employment.

If it were that easy, then all of the companies would simply set up shop overseas and call all of their employees "self-employed individuals".

 

[AdjunctFL]

If it were that easy, then all of the companies would simply set up shop overseas and call all of their employees "self-employed individuals".

Interesting comment - however, I would hope you would include an alternative when working as a contractor for a company that has no domestic presence.

 

[Zigner]

Interesting comment - however, I would hope you would include an alternative when working as a contractor for a company that has no domestic presence.

The company DOES have a domestic presence...our OP

Of course, I will agree that there likely is little real recourse available to the OP.

 

[adjusterjack]

I am based in NC and work as an online contractor for a European company based outside the US. Apart from the title "contractor", I perform all the tasks of an employee: I am subject to management and strict hours: 40-hour work weeks, 5 days a week, etc etc.

Maybe so, but a lot depends on the nature of your employer's business and what you are paid to accomplish for him in the US. Care to enlighten us.

I would just like to know if this is illegal/ something I can contest on the basis of misclassification. The problem here is that the company is not registered in
the US. Do I have a case?

Probably doesn't matter if you do "have a case." Your employer is likely unreachable for litigation unless you want to spend $50,000 on an international lawsuit based on some treaty or other.

Meantime, you've been with this employer for 5 years. If you are of any real value to the employer, you are free to negotiate benefits or quit and find a job with a local employer who will provide you with your desired benefits.