Legal Question in Employment Law in New York

Am I truly self-employeed?

I receive work through an agency. The agency is a a home health care type agency. The agency sends me out to a clients home. The agency bills the client directly and the agency pays me bi-weekly with the agency check. However, no taxes are taken out and I am to file myself as self employeed at the end of the year, etc. I have a client who I found with the agency now the client wants to hire me privately. I was thinking of quitting the agency anyways and just working for this client privately from this point on. Could there be legal ramifications?

Thank you


Asked on 10/16/06, 8:53 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Am I truly self-employeed?

You are an independent contractor. You need to review the agreement you have with the agency to determine if there are any restrictions that you agreed to, governing your activities in the same field of endeavor should you stop working with the agency. These covenants are enforceable in NY, but not if they are unreasonable.

Read more
Answered on 10/16/06, 9:12 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Am I truly self-employeed?

There could but it depends upon the agreement you have with the agency. We could review your contract to review any ramification and possible options.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Read more
Answered on 10/17/06, 10:32 am


Related Questions & Answers

More Labor and Employment Law questions and answers in New York