Freelancers and independent contractors are often denied the kinds of benefits that many employees receive. In fact, that’s a major reason that employers tend to prefer classifying their workers as independent contractors and not as employees. But there can also be an upside to being classified as an independent contractor. For instance, independent contractors have greater freedom of action than employees. Additionally, keep in mind that independent contractors still have rights that need to be respected.

The first thing that you need to figure out, of course, is whether you are actually an independent contractor. When a person offers their services to the general public, it is very possible that that person is an independent contractor, as opposed to being an employee. Examples of independent contractors include doctors, dentists, accountants, and lawyers. However, even these types of workers may still be considered employees, depending on their exact circumstances and the context of their work.

Once you’ve determined that you are actually an independent contractor, the next step is figuring out what rights you have as an independent contractor. One of the best aspects of being classified as an independent contractor is that you have much more freedom to act independently and are free from restriction by your boss or client. That’s because a boss or client who attempts to control the terms of your work too strictly may find that they have turned you into an employee, which will afford you with certain additional legal rights.

So what exactly are your legal rights as an independent contractor? While not exhaustive, the following list should provide you with a sense of at least some of your rights:

·      You get to determine where you will work. Of course, this will depend on the contract you sign. However, as a general rule, independent contractors should not be told where they will have to work. If your boss or client tries to insist that you spend a set number of hours in the office each day or week, without regard to the particulars of the tasks you have been assigned, then this might constitute an unfair limitation of your right to work where you choose.

·      You get to determine when you will work. Again, as an independent contractor, you have a say in the number of hours you will spend working on a client’s task. If the client doesn’t like it, they can request different stipulations in the contract. However, your boss or client cannot try to control your work hours because they are not your employer and you are not their employee.

·      You get to work for other clients. Unless otherwise stipulated in a contract, your client cannot prevent you from doing work for other clients. This is true even when those additional clients are competitors of your current client. That’s because your boss or client can’t treat you as their exclusive employee without also providing you with the benefits afforded to employees under the law.

 

If you have been discriminated against, or other mistreated, by your employer, you should talk to a qualified employment lawyer immediately. The experienced, knowledgeable employment law attorneys at the LaDuca Law Firm are prepared to assist you with your employment-related matter. Contact us anytime to schedule a free initial consultation at our office in Rochester, NY.