Tampa independent contractor and employee benefits are important to understand when a business is unfairly treating their employees. Employees and independent contractors can be confusing. If a person runs a telemarketing company and they have a bunch of telemarketers, their work is integral to the business. Those people are employees.

But if they ask someone to come in to fix the ceiling fan, that person is most likely an independent contractor or working for another company and is not considered an employee because that ceiling fun is not integral. So, one looks at whether or not these people are coming to work every single day and are doing exactly what this company holds themselves out to provide as a good or a service, versus someone that comes in periodically to fix something or to build something or to do something on a temporary basis. Contact a professional independent contractor attorney to learn more.

Managerial Skill’s Impact on Profit or Loss

Managerial skill is relevant to the independent contractor. An independent contractor is their own boss, so if there is someone at the company who is the direct boss, that most likely means that they are an employee if they do not have control over their own work. If the employer has influence and control over the hours and the work done by this person, then it is more likely they are an employee versus an independent contractor.

Special Skill and Initiative

If the work requires a specific skill, that person can still be an employee but a lot of times work done by independent contractors are specific skills outside of the realm of what that business does. It depends on what skill is needed for the job, but usually, independent contractors do hold a specific skill that they use to service multiple companies and not just one company.

Length of Relationship Between Work and Employer

Usually, independent contracts are temporary. The agreement is that a business needs the independent contractor for a specific reason and they will agree on how much to pay for the job. This is different from an employee who works for a set hourly or salaried wage until they quit or are fired. An employee works for much longer than an independent contractor.

Degree of Employer’s Control

For an independent contractor, the nature and degree of the employer’s control should not be nearly as heavy as it is with an employee. An independent contractor should have the freedom to work when they want to work to get the job done, they have the freedom to use their own tools and work the way they choose to the get the job done. If a person is an employee, then the employer controls how they work, when they work, and what tools they use while they work. There is a big difference in the amount of employer control when comparing independent contractor to an employee.

Important Factors that Add Strength to Claim

The best indicator that someone is an employee versus an independent contractor is that they do not work for any other company. They only work for one company, doing one job that they are paid an hourly rate, and they are indefinitely with the company. They have no right to go work for other company and they use the employer’s truck or the employer’s tools to do all of their jobs. They do not have their own work truck with their own name on it, they do not have their own tools that they use, it is everything under the hand of the employer. It is also important to note that a person has a lot more employee benefits and protections as an employee than an independent contractor in Tampa. They file a W2 versus a 1099 when they get paid, which has specific tax implications. For more information on Tampa independent contractors and employee benefits, talk to a professional attorney today.

Contact Us