QUESTION
Is it legal that I should still be considered as a contractor?
Asked on May 15th, 2013 on Labor and Employment - Washington
More details to this question:
I have been working for a municipality since 1999. I was brought on as a contractor and received a 1099, then in 2001 I was told that according to the IRS guidelines I was considered and employee and from then until 2009 I was put on the "payroll" and the city withheld payroll taxes and I received a W2 every year. I was officially hired here in 2009 (meaning I now receive benefits i.e. paid time off, pension etc). I've inquired about receiving credit for my time here since 2001, for the purpose of seniority and union contract benefits. I was told by Labor Relations that even though I was on the payroll at that time, I was still considered a contractor. Do I have any recourse in this matter?
5 ANSWERS
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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Did you sign any contract with the City? Did they ask you to sign another set of documents when they put you on payroll? How did they explain to you why they are putting you on payroll? And what do they really mean by telling you that, even though you were on payroll, you were still a "contractor"? It does not sound right to me, but I would want to see the actual documentation that you were provided and you possibly signed. In general, if your statement fully describes your situation, I would argue that you were in fact an employee for all intents and purposes, including your seniority, etc. That stated, a contract that you may have signed could state something different, and if so, this becomes a "grey area" possibly subject to dispute. All in all, I think you raised a good question which is worth looking into in detail. I recommend requesting a complete copy of your file from the HR, including any documents and contracts you may have signed since you started with them.
Answered on May 17th, 2013 at 7:42 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Contact the Idaho Department of Labor and file a complaint.
Answered on May 16th, 2013 at 12:35 PM
Criminal Defense Attorney serving Mount Pleasant, SC
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Futeral & Nelson, LLC
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Your question isn't an easy one to answer without more detail. Although an employer may label someone an "independent contractor," that does not necessarily make it so under the law. Certain factors, such as the ability to control the contractor's work performance, providing tools and equipment, and numerous other factors may indicate that you are actually an employee. I would meet with an employment lawyer in your area to discuss your options.
Answered on May 16th, 2013 at 12:35 PM
Yes, this is an area there is a fair amount of law on in Washington. I have brought these cases for people like yourself and I have defended some employers on these issues. You should hire an attorney to represent you and explore the risk and benefit of going forward. Get copies of all the municipalities policies on employment and employee benefits to bring to your first meeting with your attorney. The statute of limitations is eating up the back of your claim, so don't delay too long.
Answered on May 16th, 2013 at 12:34 PM
I know of no remedy for you. You may want to contact Wage and Hour Division (WHD) - U.S. Department of Labor
Answered on May 16th, 2013 at 12:34 PM