Does anyone know what rights an independent contractor has?
959153
Hello,\n\nMy employer uses Independent Contractors to work on some of our contracts (we also refer to Independent Contractors or 1099s). When we'd like to bring someone on as an IC, I issue a formal agreement between my company and the IC which outlines the relationship of the parties and the rights that each has.\n\nDue to IRS regulations, we have to be very careful to distinguish between an employee and an independent contractor. Were you issued an agreement? If so, that should outline each parties obligations to the other. If you can provide a bit more information as to a possible predicament you may be in, I might be able to help a bit more.
1035008
Come to America, if your legal, you have those rights.but if you work on commision. it's up to you to work harder. you should have thought before you took the job! Good Luck!
587372
This depends entirely upon your state's employment commission. I recommend finding the website for them, or giving them a call so they can either tell you what your rights and procedures should be or refer you to appropriate counsel.
865606
No, but an HR dept isn't REQUIRED regardless.  However, the term "independent contractor" implies that they are NOT your employees.  They are working for themselves (contracting their services out to you) at jobs/leads you provide for them.
187436
You should find a lawyer.  There are so many dependencies here, such as your position, your employment agreement, extenuating circumstances - too many variables to answer here.
258089
Do they have a web site?  If so I would check there (and let me know if they do, I looked and couldn't find one).\n\nOn another note, I would be cautious of a company that didn't tell you what they do.  Most are very happy to tell you.  It could be that they want you to find out on your own, just to see how resourcfull you are.
513424
my dad is an independent contractor for fed ex ground. (i know this is different) but he had to buy his route that he delivers to, buy his own trucks for delivery buy all the fed ex logos for them, and buy his uniforms and such. it is legal.
458167
There are two main forms contractors work for. W2 and 1099. If you work W2 then the employer is liable for employment taxes, Which includes matching Social security as well as unemployment and a host of other taxes. W2 workers have to have federal and state taxes deducted from them. W2 workers also get benifits like insurance. \n\n1099 Vendors are paid a flat rate and handle their own taxes. It may be an individual or a collective group of individuals. Nothing is deducted as the vendor will handle taxes, provide benifits and otherwise deal with Gov red tape.
330342
Depends on where you are. What country and/or state are you in?\n\nIn the United States, the EEOC is the place to start regarding employee rights questions.
366138
It all depends on the contract you have with the employer and/or the contract that they agency (if any) has with the employer. If you are an independent contractor for a company, you both should have drawn up a contract outlining the logistics of your position (ie, time in position before perm status consideration liability, pay dates, job duties, etc.)
202584
None. If you are an independent contractor, you should provide the contract for the other party to sign if they want your services. This contract should stipulate what services are being provided and the schedule of payment to you. When February rolls around the next year, the other party provides you with a 1099 form as a statement of what you were paid so that you can report the earnings to your accountant. If the amount of money was less than $500, then the other party does not have to provide a 1099. As an independent contractor, you are responsible for your expenses, which are a business deduction. Keep records diligently!
48124
Laws vary from state to state. I live in a "right-to-work" state where an employer can do pretty much anything he or she wants to do whenever they want to do it. I can get fired if the boss doesn't like the car I drive, for example. I actually got fired four years ago on the day before Christmas because the boss changed his mind about giving me a finished-project bonus he had promised to give me "at Christmas." Of course, none of this was in writing, so I had no recourse. Employment contracts and union membership make a legal difference, however.\n\nI got so fed up with being chewed-up and then spit out by modern businesses that I started my own business. I wildly overpay my employees and treat them like royalty. Guess what? Production and morale is high...turnover is non-existent, and business is so good I can barely handle it. What a novel idea!
230129
Your Tenat's bill of right's are as follows and they apply for all tenants. (as in we all have to follow the rules)\n\n. Your right to have hot water in the kitchen and bathroom 24 hours a day.\n\n2. Your right between October 1st to May 31st of each year to have heat at 68•F from 6:00 a.m. to 10:00 p.m. every day and the right to have heat at 55•F when external temperature drops to 40•F from 10:00 p.m. to 6:00 a.m. the next day.\n\n3. Your right to have repairs.\n\n4. Your right to extermination of your apartment. Landlord should post time when exterminator will come.\n\n5. Your right to be free of mildew or mold.\n\n6. Your right to have windows that properly open and close.\n\n\n7. Your right to know that your security deposit is safe, and not co-mingled with the landlord’s money and to know the bank where the security is deposited.\n\n8. Your right to a paint job at least every three years.\n\n9. Your right to organize, join and participate in a tenants association which can meet in the lobby of the building (RPL 230).\n\n10. Your right to sue your landlord for breach of warranty of habitability. CRPL 235(b).\n\n11. Your right that all common areas of the building are kept in proper repair and presentable.\nHow You Can Enforce Your Rights\n\n1. Call 311 and request HPD to send an inspector to place a violation.\n\n2. Bring HP action by filing a petition in Housing Court.\n\n3. If there is mold, mildew, asbestos or lead call 311 and request referral to the proper agency.\n\n4. You can enforce rights through use of a private lawyer.\n\n5. If there is a problem with your security deposit you should go to the New York State Attorney General for enforcement at 120 Broadway, New York, NY 10271.\n\nRent Regulated Tenants\n\nIf rent controlled or rent stabilized you have available the New York State Division of Housing and Renewal (DHCR). You can seek relief.\n\n(a) You can file for an individual rent reduction.\n\n(b) You can file for harassment.\n\n(c) If your landlord fails to give you a lease, you can file for lease withholding.\n\n(d) If the problem is building-wide your building tenants can file for a building-wide rent reduction.\n\n(e) If you believe your landlord is charging you an excessive rent you may be able to file for rent overcharge with DHCR. \n\nIn sources you will find a specific link to NY that is not a NYlawyer ad. The print is small but it is fact.
340171
If they are employees, you will need to determine what their "average" monthly or annual pay is.  Then, using the tax charts from the IRS, you can determine how much should be withheld.  You will also need to check your state tax rates, as well.  What matters most is that the correct amount is deducted by the end of your reporting period, whether that is weekly, monthly, quarterly or yearly.\nIf they are commission only, can you classify them as independent contractors?  If you can, then you won't have to deduct anything at all--you pay the full commission and they are responsible for setting aside and paying their taxes.
341147
It varies by where you're going to work. Check your local city/county for the requirements.\n\nFrom the state of IN web site: \nII-B-3. CONTRACTOR SERVICES \n\nThe term "contractor" can be very confusing, as it is used in many business settings. As mentioned earlier, an independent contractor can be anyone in business for him or herself who is offering services to others on a non-employee basis. \n\nThe title of "contractor" is most commonly used to refer to those involved in construction or renovation of structures. It may be used to refer to general contractors, HVAC contractors, electrical contractors, or plumbing contractors. The only construction contractors licensed by the State of Indiana are plumbers. Many of the other specific areas require local licensing which vary by city and county. For information regarding "Certification of Independent Contractor Status and Worker's Compensation Exemption" see Section I-C-2. \n(http://www.in.gov/sic/owners/iib.html)
432310
Being a contractor, my position is that the extras asked for are a Change in the Work, thus additional time and money is warranted.\n\nIt is difficult to determine what the proper course of action is due to the lack of details.
1091966
As a contractor and not an attorney, I don't think he has a leg to stand on unless the contract is actually titled "CONTRACT/ESTIMATE" or something similar in which case the ESTIMATE may give him a leg to stand on. There are a lot of generic contracts that use the title "CONTRACT/ESTIMATE" or "BID/ESTIMATE".\nAlso check ALL of the fine print for clauses that would allow extra charges without an aditional contract.\nIf none of the above is true and he won't back off let him take you to small claims court where he will almost surely lose.