QUESTION
Employment vs. Independent Contractor
Asked on Jun 12th, 2014 on Employment Contracts - Kansas
More details to this question:
My employment contract has 2 blatantly contradictory statements. If you need specifics I am an independent contractor and in the primary contract it explains I am charged with my responsibilities and carry them out to my specifications and in my own way. Then in the "work" section of the exhibits there is a section dictating that I am to work according to the "employer" or "owner" in this case (s) specifications. my question is does this void the contact and mean that contacts need to be resigned by me and my coworkers? if it is still valid what takes precedence and why?
1 ANSWER
It doesn't void the contract. Whether or not you are an independent contractor, should that issue ever come up in any litigation, will be determined by the facts about the degree of control your "employer" exercised over your work, not by the statements in your contract, although those would be evidence one way or the other. You are correct, however, that the contract is not clear about your status, and could be modified to be less ambiguous.
Answered on Jun 12th, 2014 at 2:53 PM