Independent Consultant?
Why Employers Call Workers "Consultants"

As employers begin to hire after the recent recession, more and more of them will chose to hire independent contractors.

Employers like the flexibility and cost savings independent contractors provide.

Most people, on the other hand, prefer the benefits and advantages of traditional full time employment.

Your employer cannot decide on their own to call you an "independent contractor". Federal and State law protects the rights of workers to be classified as employees.

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Independent Contractors are Protected by Employment Law!


Which is the employee and which is the consultant?

Which person is an employee
and which an Independent Contractor?
The law, not the company, decides.

If you have been hired as an independent contractor, you may still be entitled to many of the benefits of full time employment. It's not up to your employer to decide that. It's up to the law.

There are a number of factors to be considered in determining whether you are an independent contractor or whether you might actually be considered an employee.

Some of these include your opportunity for profit or loss in the company's business depending on your managerial skill, your investment in equipment or materials required for your job, your employment of helpers, whether your job requires a special skill, how permanent the job is, and whether your job is an integral part of the business.

What your agreement or contract says is not determinative. Instead, take a close look at how much control your boss exercises over you.

Your company may be trying to save money by hiring you as an independent contractor when in fact you may legally be entitled to the benefits of an employee.

Talk to an attorney so that you can know your rights.

Call us at 650.320.1616.


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