There are legal implications to being an independent contractor. For starters, you are not considered an employee. Instead, an independent contractor’s relationship with the employer is based on a contractual agreement. If you are considering an independent contractor relationship, hiring an independent contractor or already are an independent contractor, consider consulting with an experienced attorney regarding the potential legal consequences. It is important to understand your rights as an independent contractor or your rights as the employer.
At Maloney Law & Associates, PLLC, we have extensive experience in advising and representing independent contractors as well as employers that use independent contractors. Our employment law attorneys have a deep understanding of North Carolina’s independent contractor laws. The differentiation between employee and independent contractor means the difference between having or not having certain rights and benefits. We can examine your individual circumstances and explain whether your rights are being violated. If you are an employer, we can advise you on potential legal consequences of which you should be aware. We can help you craft a contract that is appropriate for you and your situation by preparing your contract or we can revise a proposed agreement to protect and preserve your rights.
If you need representation or advice about an independent contractor issue, call our Charlotte, North Carolina, law firm at 704-323-8961.
Essentially, independent contractors are in a nonemployment relationship with the employer business. They do not receive the same benefits and rights as a regular employee in an employee-employer relationship. For example, independent contractors do not receive workers’ compensation or unemployment benefits. Nor does the employer generally withhold federal or state income taxes for the contractor.
The line between independent contractor and employee should not be blurred. If an employer does not distinguish the employment status of a worker, there may be adverse legal ramifications. A misclassification of a worker as a contractor, when the individual is really an employee, could result in reimbursement for all overtime pay as a non-exempt employee. Other liabilities may include health and retirement benefits and tax liability. It is crucial to understand a worker’s employment status and to establish the independent contractor relationship appropriately.
For more information about independent contractor relationships or for experienced representation by one of our employment lawyers, contact us in Charlotte today for high-quality legal advice.