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Determining whether you're working as an employee or an independent contractor is about a lot more than just knowing what to call yourself.
Although independent contractors and employees may often perform similar types of work, even working side by side, there are a number of legal differences between the two. How you're classified can have a profound effect on employment benefits, taxes, and legal liability issues.
How can you tell whether you're an employee or an independent contractor?
It's What You Do, Not What You're Called
You may assume that whether you're considered an employee or an independent contractor is determined by the person signing your checks. But your legal employment status is not determined by what you're called, but rather what you do and don't do as part of your employment.
The existence of a valid employment contract or independent contractor agreement will certainly be one factor in determining a worker's employment status, but there are many others. Generally, the more control an employer has over a worker, the more likely that worker is to be considered an employee as opposed to a contractor, no matter what he or she may be called in a contract.
IRS Looks at 20 Factors
The Internal Revenue Service has created a list of 20 important factors it considers when determining an individual's employment status. These include:
Learn more about independent contractors v. employees, the hiring process, wage laws, and more at FindLaw's section on Employment Law.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.