Legal Question in Entertainment Law in Florida
Rights as an Independent Contractor
I work as a dancer for an entertainment company that specializes in Bar/Bat Mitzvahs. There has never been any signed paperwork, but I consider myself to be an independent contractor. My ''boss'' has recently decided that he will ''terminate'' a dancer's ''employment'' if we choose to work for another Bar/Bat Mitzvah company. He has also claimed us as ''his'' dancers and wants to charge other companies a fee if they would like to hire us. Keep in mind that he did not set up the relationship between the dancers and these other companies, we've had contact with them on our own. He claims it's a conflict of interest and a matter of ethics. Can he do these things? What are my legal rights?
2 Answers from Attorneys
Re: Rights as an Independent Contractor
Whether or not you are properly classified as an independent contractor is best left for another day. I would assume that you are a 1099 and he is not taking out any employment taxes from your pay. If so, your "boss" may be painting himself into a bad corner if he chooses to treat you like an employee yet not pay employment taxes. Irrespective, since you have no written "agreement", then he can do just about whatever he likes as long as you are not being discriminated against based on race, sex, etc. The fact is that he has now decided to protect his business. Unfortunately, this becomes an economic issue for you more than anything else. Can you afford to be cut and keep your other jobs? On the other hand, if he wants you exclusively, then you should talk about getting additional compensation from him if you decide to forego the other jobs.
I do a lot of work for entertainment companies and am sure I can help you find a solution.
Sincerely,
Osvaldo F. Torres
Re: Rights as an Independent Contractor
Whether or not you are properly classified as an independent contractor is best left for another day. I would assume that you are a 1099 and he is not taking out any employment taxes from your pay. If so, your "boss" may be painting himself into a bad corner if he chooses to treat you like an employee yet not pay employment taxes. Irrespective, since you have no written "agreement", then he can do just about whatever he likes as long as you are not being discriminated against based on race, sex, etc. The fact is that he has now decided to protect his business. Unfortunately, this becomes an economic issue for you more than anything else. Can you afford to be cut and keep your other jobs? On the other hand, if he wants you exclusively, then you should talk about getting additional compensation from him if you decide to forego the other jobs.
I do a lot of work for entertainment companies and am sure I can help you find a solution.
Sincerely,
Osvaldo F. Torres
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