I have been working for a company for three years and they have me on the payroll as an independent contractor. It seems like they should be paying me benefits and social security, but they are not. When I got pregnant, they started hinting at laying me off. Is that legal?
By Deskin Law Firm
Discrimination laws require there to be an employment relationship for them to apply. That is different than an independent contractor relationship. But just because your employer calls your relationship an independent contractor relationship, does not mean that your relationship really is not an employee/employer relationship.
Some of the factors to consider in determining the nature of your relationship are:
- how much control your employer has over the means and manner in which you do your work,
- how long you will be working for the company,
- who owns the tools (computer, desk, etc.) that you use to do your work,
- where you are working (at home or at their office),
- the extent of your discretion over when you work and how long your hours are,
- how your employer pays you,
- if your employer pays you benefits, and
- whether your employer pays part of your taxes.