Legal Question in Employment Law in Massachusetts
What should you do if your employer won't sign a standard independent contractor contract, demands that you perform out-of-scope work per your "offer letter" that was "to stand in lieu of a formal contract", demands that you come in to their place of office in person when meetings consist of being yelled at, called stupid, or lectured, and all upon threat of termination?
What I've tried thus far:
Emailed them twice that I believe due to the scope and control over my work and "open-ended" contract that I've been misclassified as an independent contractor - the first email to which they never responded. Sent them a standard independent contractor contract that I've received from many other clients edited with their business info (which they won't sign). Repeatedly emailed that certain projects are out-of-scope with the "offer letter" they have sent me to "stand-in in lieu of a formal contract." Repeatedly emailed that out-of-scope projects can be negotiated separately. Emailed them a copy of the "offer letter" they have sent me to "stand-in in lieu of a formal contract" to show my current scope of work. Asked that assignments be sent in writing and that email is acceptable format for that writing, as verbally given assignments and duties are being forgotten. Asked that approval of projects be sent in writing, and that email is acceptable format for that writing, as verbally given approvals are being forgotten. Emailed more than once that in-person meetings can be held when project time permits and when assignments are sent in writing. I've also mentioned that the control and demands they are making over how I do my work is an indication that I am and have been an employee and that treating me as an independent contractor without a contract is tax fraud.
I've also filled out the IRS's FSS8 Misclassification paperwork and am waiting on a determination from the IRS.
1 Answer from Attorneys
Absent an agreement to the contrary you are an employee not an independent contractor. As such the employer can control your hours and place of employment. If you have been paid as an independent contractor, your employer is violating the law. As to the scope of work your employer can change that but it should be agreed between you and the employer. You can file a SS-8 complaint with the IRS as well as filing a complaint with the MCAD.
You can file a complaint for abusive work conditions and if you have enough employment time under the law file for unemployment if you are terminated.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
