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Can one person be both Employee and Independent Contractor for same office? Florida

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  • Can one person be both Employee and Independent Contractor for same office? Florida

    Is this legal? I mean doing substantially the same work?
    Thanks
    Michele

  • #2
    Short answer - no. They're either one or the other.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      CBG - Thank you for your response.
      You say the short answer is NO- what is the long answer, or where can
      I find more info on this subject, please?
      Thank you for your time,
      MH

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      • #4
        The long answer is, it's possible, but it's highly unlikely. For example, let's say you were the accountant for the company. And you had a lawn-mowing business on the side, as a sole proprietor. The company hired your lawn-mowing business to mow the lawn in front of the office. Your lawn-mowing business sent an invoice to the company and it paid you. That would be a legitimate independent contractor relationship.

        Now, let's say you were the accountant for the company. And you worked one night a week in the payroll department, entering data into the payroll system. That's NOT an independent contractor relationship; that's an employee.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          A general rule of thumb is that any time that a worker is legally both an employee and an independant contractor for the same company is that other companies also reguard that worker as an independant contractor. The worker offers his/her services to the general public and the general public does indeed use those services. Workers who have a single company that reguards them as so-called independant contractors tend to be reguarded as employees by the government.

          The following website has a good article on the worker classification.

          http://payroll-taxes.com/articles/art2.html
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Patty; I was looking at the part of the post that said, "doing substantially the same work"....

            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Massage therapist working in Chiro office

              Thank you to all who responded.
              Here's the deal. I am a Licensed Massage Therapist, working for a
              Chiropractor. Part of the day, I am considered a "part-time" employee,
              and I work for the Doctor. I do spot massages, apply therapies such as
              heat, ultrasound, cold laser, etc. I am also called upon to do filing, and
              mail out newsletters, when I am not doing therapies. The other part of
              the day, I massage only (30 minute or 60 minutes per) the doctor's
              PI cases or patients whose insurance pays for massage, or just people off
              the street who pay cash. For that time I am paid as Independent
              Contractor. I do not set my own rate, bill my own insurance,and must do the
              work there, according to hours set up by the practice.

              I am not eligible for insurance, due to my "part-time" status, yet if you added
              up all the hours I work, It would equal that of the other "employees"

              I feel like I am getting screwed.

              MH

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              • #8
                I would not consider the additional work as meeting the criteria for independent contractor status. The employer is still has the right to control what you do, when you do it, how you do it, and to whom you do it. In my opinion, this is just an extension of the employment relationship.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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