QUESTION
I work from home for a publishing house a guaranteed 10 hours/wk doing whatever work they assign. Am I an employee or contractor?
Asked on Apr 08th, 2014 on Employment Contracts - Illinois
More details to this question:
I had to file taxes this year as an independent contractor, but from what I've read I am an employee. I work at minimum 10 hours, often more, on whatever projects my boss sends me. I'm paid by the hour and turn an invoice in every Friday. I inquired with accounting but they did not respond. Is there any chance I'm actually an employee and could be treated such for tax purposes?
1 ANSWER
The difference between an employee and an independent contract is the degree of supervision the hiring party exercises over them and the degree of discretion and autonomy the employee/contractor exercises. If you hire my law firm to represent you in a case, we will consult with you, but we will have a great deal of discretion as to how motions and pleadings are drafted, what questions to ask at deposition, etc. The firm would be an independent contractor. However, the firm tells me where my office is, what cases I should work on, what assistants work with me, etc. I am an employee of the firm. The line is often not that clear, and may not be in your case.
Answered on Apr 09th, 2014 at 12:03 PM