Legal Question in Employment Law in Michigan
employee vs contractor
Hired by CMS for four years, forced to take contract as independent contractor for one year. No change in status, same office, secretary, car space etc... Need to be classified as employee to be eligible for pension (approx $12k per year).
1 Answer from Attorneys
Re: employee vs contractor
That is a situation that is becoming more and more common nowadays. Were you under a contract for employment or collective bargaining agreement? If not, you were likely categorized as an "at will" employee under Michigan Law. As such, the company can pretty much let you go any time they like (so long as they don't violate Title VII or the Elliot-Larson Civil Rights Act). If you were truly an "at will" employee it is likely that they essentially had the option of "firing" you and then re-hiring you as an independent contractor.
If you like, you can email me and provide more information regarding your situation.
Good Luck
Tim Lessing
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