Legal Question in Employment Law in Florida

independent contractor with hostle enviroment and without copy of contract ?

These questions concern 75 people.We have never been allowed a copy of the independent contractors contracts we signed. It has been stated it is the company's policy.Many of us have requested them, a few of us have been fired for insisting on a copy. Is this legal and is there any way to get a copy without being fired? With this company there is no negoation or balance.They are not a up-front lease system as in all other taxi companies(these are true systems working with independent contractors and allowing drivers to control schedules once the payment of the lease is up front)also the enviroment here is very hostle from the management. Drivers are intimitaded into staying past safety margins and continue to drive sometimes 15 hours on a shift. We have drivers with injured backs and other body parts because of strains from the demands of management to lift and carry and tollerate things. With everything so one sided for the benifit of the Cab company isn't the independent contractor designation a ploy to get out of paying Workman's comp and social security and unemployment on drivers that have been there every week for as long as 15 years?


Asked on 6/09/00, 3:08 am

1 Answer from Attorneys
Kelly Henderson

Re: independent contractor with hostle enviroment and without copy of contract ?

I find it odd that not one person has asked for a copy of the document when they signed it. Anyway, the determination of whether you are an independant contractor or an employee is not settled because you signed a document indicating you should be considered an independant contractor. There are several factors that need to be considered. Some factors are who sets your hours, who has control over where you work, who sets policies that govern how you work, who owns the cab. If your employer has classified you as an independant contractor in error, and you really are an hourly employee, they may owe you some overtime. You should sit down and discuss this entire matter with an employment lawyer. Send me an e-mail if I can do anything.

Kelly Henderson

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Answered on 7/29/00, 10:34 pm


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