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Independent Contractor treated as an employee threatened and breech of contract

Pompano Beach, FL |

I have worked for this company for 3 years. I was initially under a contract through an workforce type agency as an employee who paid me. The company, as specified in the contract, were meant to keep me on as a FT employee for 12 months. After my 3 month agency contract expired they made me an IC and cut my pay by $5 an hour. I have been working at their offices this whole 3 years and prefer to work from home since I work under my business name. I have been told absolutely NOT!!!! Quote "First of all, you DO NOT make the decision to work from HOME without my approval!!!! SEE YOU IN THE MORNING. I’m sure that everyone would like to work from home, but that’s not going to happen anytime soon, therefore, we will keep our original agreement…4 days a week, 9 to 4:30 with Mondays working from home!

Attorney Answers 3

Posted

Do you have a question?

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

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3 comments

Asker

Posted

I am going to consult with the IRS via a ss8 but I need to leave this job and just want to make sure I can't get into any legal trouble. I have work unfinished through them, but I am an IC with my own business name.

Robert John Murillo

Robert John Murillo

Posted

Please speak with a local employment lawyer.

Asker

Posted

That's why I came to this website. To try and get some help.

Posted

Where is the alleged breach? It sounds like the circumstances changed after 3 months but you agreed.

NOTE: (1) I may be guessing and/or not even licensed in your state; (2) We have not established an attorney-client relationship; (3) Sometimes you get what you pay for; and (4) If you want to send me a gift, my favorite color is orange.

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1 comment

Asker

Posted

My only other option was to leave, and with unemployment at an all time low that wasn't a choice I could take. They signed a 1 year contract to keep me on as a FT employee. Anyway, I have been very poorly mistreated and now enough is enough. It is not right for me to be bullied every day to the extent of getting ulcers. Fact is, I am going to fill out a SS8 form but I do not want to get into trouble for leaving this place. I am an IC with my own business, not an employee as I am treated as such.

Posted

You may want to comment with some additional information. But it sounds like you would like to change your arrangement and work more hours from home. And because you are an independent contractor you feel that you and you alone can make this decision. Is that correct? As an independent contractor you do have more control over where, how and when you work. But from these facts it appears that you had an agreement that you honored for 3 years and now you are seeking to change this agreement. If working from home is non-negotiable you can always stop working with this company and find other clients. I wish you well.

Answers to questions are for general purposes only and do not establish an attorney-client relationship. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, be sure to request free written information about qualifications and experience.

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1 comment

Asker

Posted

Hi Tamara, Thanks for your input. I have clearly been misclassified and harassed which yes, has caused me to leave. I have located an attorney closer to home who can hopefully clear up some questions.

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