Legal Question in Business Law in California

Independent contractor vs employee status

I have been an independent contractor for a hospital working at home as a medical transriber after working in that hospital for several years. I have no benefits. No deductions are taken out of my check. I feel I have no control as independent contractor. Forced to work days hospital says. Currently forced to work Saturday through Wednesday after working Monday through Friday for many years. Can only take vacation if okay with hospital and preapproved. Must work holidays, including Thanksgiving and Christmas. No extra compensation for holiday work. Denied request to increase my compensation; same compensation for five years plus. Constantly threatened if I won't work weekends and holidays or if I take off too much vacation time (less than three weeks a year) they won't use my services. Must work regular nine to five schedule or they won't use my services. I don't feel very ''independent''. None of the benefits of independent contractor and yet none of the benefits of an employee. Am I an independent contractor or am I entitled to back benefits as an employee? I am paid by the typed line rather than by the hour. Hospital employees receive hourly pay plus by the line incentive pay.


Asked on 1/31/05, 4:35 pm

3 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Independent contractor vs employee status

It is quite possible that you are an employee. I would like to speak to you more about the circumstances of your arrangement with the hospital. Please contact me by phone or email so we can set up a time to discuss. My office is on PCH in Newport, so it should be easy for you to come by.

Regards,

Ben

Read more
Answered on 1/31/05, 4:40 pm
Terry A. Nelson Nelson & Lawless

Re: Independent contractor vs employee status

You've just described mis-classification as an independent contractor. Many companies try to avoid paying benefits and employee contributions by improperly saying the person is a contractor. You should get a good attorney to help you claim and collect your unpaid compensation, such as OT, vacation, etc. The problem for the company is that they will owe lots of money in penalties. Your problem is that you need to handle this in a way that avoids YOU owing penalties. Contact me if interested in doing this.

Read more
Answered on 1/31/05, 5:22 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Independent contractor vs employee status

You are not an independant contractor. If they can control the hours you work, the days you work, and have a say in your vacations, you are an employee.

They could have some serious tax liability to you.

Read more
Answered on 1/31/05, 7:33 pm


Related Questions & Answers

More Business Law questions and answers in California