June 20, 2024

Is It Possible For An Employer To Judge An Independent Contractor’s Work?

Independent contractors have attracted the attention of a sizeable percentage of today’s enterprises due to the lower expenses associated with recruiting and maintaining them as employees. Get help from an employment law attorney White Plains.

For example, independent contractors contribute specialized talents to an organization, whereas employees receive training and are assisted in gaining access to the information they need to do their jobs effectively. 

Another distinction between an employee and an independent contractor is that although they could make the same amount of money, employees typically qualify for benefits that independent contractors do not.

However, some firms are designating their workers as independent contractors when they should be treating them as employees. They provide the impression that they are an employer but behave completely differently, including dictating the individual’s working conditions. This subject is discussed in greater depth in this manual:

Establishing their work schedules was the first step. 

Contractors are autonomous. It is the employer’s responsibility to assign them a task, and they will do it according to the timeline they establish for themselves. On the other hand, if an employer makes it a requirement for an independent contractor to begin working at a specific time or put in a certain number of hours each day, the company might incorrectly classify the worker as an employee.

They are currently deciding what course of action to take.

Tasks that need to be completed by employees are typically given to them by their employers. However, it is possible that this does not pertain to self-employed individuals. They are given the opportunity to choose how they will spend their time once the employer has assigned them a project, provided that they successfully finish the project. Obviously, the employer has the ability to issue directions, but this does not necessarily mean that they get to decide what the contractor should work on or how they should work.

Preventing them from functioning for any other clients in the future

There is no limit on the number of customers one independent contractor can serve. It is possible for an employer to make a mistake in their classification of a contractor if they anticipate the individual to work entirely for the business. so’s possible that they won’t come right out and say so, but setting work hours can make it impossible to serve additional customers. Nevertheless, some employers may ask a contractor to agree to a contract that prohibits them from working with other employers. This practice may be illegal in some jurisdictions.