Legal Question in Employment Law in California
My rights as an independent contractor
I am a self-employed acupuncturist practicing in CA. I am renting a room for 3 days a week in day spa as an independent contractor.
The owners of the spa have commented to me a few times that, ''I am an independent contractor, although I am working under the umbrella of their business, therefore, I am really not So & So Acupuncture, but the acupuncturist for their spa.''
I book all my appointments, pay rent, accept money from all my patients, pay my own taxes, make my own hours, etc.
My feeling is that they are trying to have the best of both worlds. They want a free employee. They have demanded I put their business name and logo on all my literature & business cards, pay them a percentage of all herbal products I sell and just recently are now expecting me to sit around their spa all day for walk-ins. They claim that even though I call myself an independent contractor, because I work within their spa, I should be available to them whenever they need me.
Essentially I am being told that because I run a business out of their spa that I am now a part of their spa & represent them. I would like to get some advice on my rights as an ind. cont. before I sign another 6 month contract. Already read the IRS 20 ?s
2 Answers from Attorneys
Re: My rights as an independent contractor
Obviously, they're envious of your success and see dollar signs. If, on the other hand, they can drive more business to you than you alone can attract, then maybe cut them in on those clients, and keep 100% of your own clients' revenues. Just a thought.
Re: My rights as an independent contractor
Your original written contract with them determines what your rights and responsibilities are. You do have such contract don't you?
From your description, you ARE an independent, but you are renting space from them, so if they want to demand changes to the relationship, you can either agree, negotiate something acceptable, or leave. Contact me if interested in getting legal help with this.
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