Legal Question in Employment Law in Arizona

Here is my situation. I work for a company that is internet based. They are based in California and I telecommute from Arizona. The company I work for has always claimed I was a independent contractor. Ok that's fine but here is my issue. They dictate my schedule I do not make my own. They make me work set hours, I do not decide my hours. They are constantly referring to me and others as employees but if I was an employee then I would be entitled to time and half for working over time. Even though they always refer to me as an employee I haven't received any time and half of any over time I have ever worked. Whats worse is that they make me and my fellow employees work our whole shifts while on video chat to be monitored. Invasion of privacy much?

So this is what I need advice on. I hate my job as you can so tell and because I have never once signed a contract agreeing to any of their terms of employment nor have I ever filled out a application for employment I want to know what I can do.

Oh and on a side note, they have told me that the reason I am a independent contractor is because they don't want to have to pay taxes on me. Well since they are treating me as an employee then I would say that's a form of tax evasion, wouldn't you?


Asked on 4/03/10, 10:11 pm

1 Answer from Attorneys
Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Although your situation is extreme, employees really do not have an expectation of privacy in the workplace and it is difficult to complain about that and your status while you are still working there. But if the subject comes up or you leave, you are probably not an independent contractor and would be entitled to your social security, medicare and other benefits. In fact the IRS considers such funds to be held in trust, for which the owner is personally liable and the claims are not dischargable in bankruptcy. Accumulated payrol taxes can put the average business out of business due to penalties and interest.

When you are ready to make a claim, come see us.

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Answered on 4/09/10, 2:29 pm


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