Clasificación errónea de los trabajadores
La clasificación errónea de empleados es un problema enorme en la mano de obra actual. Consiste en que las empresas intentan clasificar a los trabajadores como contratistas independientes cuando en realidad deberían ser clasificados como empleados. Clasificar a los trabajadores como contratistas independientes es ventajoso para el empleador, ya que los contratistas independientes no reciben seguro médico, tiempo libre ni prestaciones de jubilación que reciben los empleados.
Para determinar si está siendo clasificado erróneamente, debe comprender las diferencias entre empleados y contratistas independientes.
When You Can Legally Be Qualified As An Independent Contractor
In order to be legally classified as an independent contractor, the relationship you maintain with the employing company must meet the following criteria:
The employer may only control the finished product of your work. As an independent contractor, you are expected to be fully qualified for the job duties before you begin work. It is illegal for employers to train you if you are not an employee. For example, if a marketing company hires a graphic designer as an independent contractor, they cannot train that graphic designer or dictate the way the graphic designer goes about the creation of the image they have commissioned.
An independent contractor must be able to work for multiple businesses at the same time. If you are beholden to one company, you are likely being misclassified.
The services provided by the independent contractor may not be related to the core of the company’s business. For example, a used car salesman may hire an independent contractor to manage his human resources department since human resources are not a core part of his car selling business.
As an independent contractor, you must be able to manage your own business relationships and finances.
What To Do If You Believe You Are Being Misclassified
If you believe you are being illegally misclassified as an independent contractor, there are several things you can do:
Gather evidence to support your claim. Write up the ways in which you believe the work you are doing necessitates classification as an employee vs. an independent contractor.
Discuss your reasoning with your employer. In many cases, employers will be willing to hire you on as an employee.
Ask the IRS to review your case. The IRS will speak to both you and your employer in order to make a determination about misclassification.
Speak to an employment attorney about your situation. It is always best to have legal representation ready in case your situation escalates.