What is it that people cant seem to get through their heads about employment? Does it take a certain IQ level? I didnt think it did, but I cant understand how on earth some people dont understand something that really isnt that difficult. There are certain characteristics and rights that make someone an employee (and you an employee). ONLY an employer is allowed to dictate your schedule, require you report and be supervised by them, tell you how, when and where to work and and what equipment to use, etc. It doesnt matter if you have a business or not. If you are working with any client like that, where THEY are telling YOU what to do in this manner, that is not a client. that is an employer. And NEITHER of you, in that type of relationship gets to decide that youre going to be paid like an independent contractor (which is merely another term for business owner) when in fact you are working like an employee. Its against the law. Its called illegal misclassification of an employee. And there are both civil and criminal liabilities for business owners who pull this crap. You dont get to sign a contract that says youre an IC, but then work with a client like an employee. The law does not uphold illegal agreements. And those arent rights you can sign away or choose. Theres a reason these laws are in place and they dont get to shirk those legal obligations and responsibilities that come with being an employer who has the right to tell you what to do. Thats the trade off. When they work with a BUSINESS OWNER (i.e., independent contractor), that dont have that right to dictate anything to you about how, when, where you work or what equipment you use or anything. If they want someone at their beck and call that they dictate things to, they are an employee and that dont have any choice to be anything but that. If they dont want to deal with the legal obligations and responsibilities that come with that role, thats one of the reasons they work with an independent provider (among other things, one being that they work with an independent provider to gain access to an expertise). But they give up the right of an employer to tell them what to do BECAUSE THAT PERSON IS NOT THEIR EMPLOYEE. I tell ya, sometimes I lose hope of finding any kind of intelligent life on the Internet. Ugh.
Posted on: Mon, 03 Mar 2014 21:43:46 +0000
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