Before an employee can sue for wrongful termination, they must prove that they were an employee. In cases in which the worker was an independent contractor, employers require them to sign a contract. Within the terms of the contract, the employers don’t identify the contractor as a lawful employee. However, this doesn’t indicate that the court will draw the same conclusion if the contractor files a lawsuit.
How Independent Contractors Become Employees
The first element is the contractor must perform a service that is considered an integral part of the company. The service could be a primary service provided by a department only. Secondly, the workers must depend on the income earned through this position to live.
The profits generated from their services must be their chief source of income. Lastly, the length of employment could create an employer-employee relationship. Under labor employment law in Springfield, MA, a long-term contract could offer the equivalent to full-time employment. This is the case when the contract doesn’t indicate a predetermined date in which these services will cease.
Who Chooses the Contractor’s Salary?
This element could identify a contractor as an employee. If the contractor didn’t present a price list that was accepted by the employing company, they are subject to the fixed-rates set up by the employing company. While, in some cases, the contractor could determine their own schedule, ultimately, the company in which they provide services maintains control over how much they earn. To know more, click here.
Who Has Control Over the Product?
According to the Fair Labor Standards Act, the party that has control over the product determines the relationship created. If the employer has the legal right to change or modify the product after it is created or provided by the contractor or maintains control over these products fully, the contractor is an employee. If the contractor has full control over their productions and has the final word on how they are presented to clients, then they aren’t considered employees.
Through labor employment laws in Springfield MA, independent contractors are protected. When they are terminated unlawfully, the first step to filing a claim is acquiring identification by the court as an employee. Under these laws, contractors who don’t retain control over their products or services are considered employees, and their case is actionable. Independent contractors who need assistance should contact Connor, Morneau & Olin to schedule an appointment.`
