Legal Question in Employment Law in Michigan
contract employee pursuing full time benefits
Are there any laws that allow a contract employee that has been working for the
same company at the same site/desk for many years to legally pursue full time
permanent employee benefits such as paid holidays or paid shut down time?
Thank You for your efforts.
1 Answer from Attorneys
Re: contract employee pursuing full time benefits
A true independent contractor in Michigan is not entitled to full time benefits offered by the employer, if the benefits are offered only to employees. The benefits provider (such as a medical insurer, group life insurer, disability provider) usually only insures the employees and officers of a business.
If the individual is designated as an independent contractor but truly is an employee, due to the nature of the relationship, then a determination may be made by a court that the relationship is employer-employee, and the employer may be made to pay or provide the benefits retroactively. Additionally, the Internal Revenue Service, the State Department of Treasury, and the Department of Labor each may make administrative determinations that the relationship is employer-employee and take action against the employer.
You should consult an attorney to determine your legal rights and obligations. This response does not constitute legal advice and may not be relied upon as legal advice. The particular facts and circumstances concerning your matter must be considered by legal counsel who has been retained in an attorney-client relationship.
Stephen Scapelliti
Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.
39395 W. Twelve Mile Road, Suite 200
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.
