question about vacation pay?

Question

i work from home for a company, they take taxes out but they say i am not an employee, they say i am piece work, my question is if they take taxes out doesnt that make me an employee and shouldnt i be eligible for holiday pay and vacation pay like the other employees

when i started with the company i worked in the office, there was no employee contract or handbook, i do the same work i did, i just do it from home

Answer 1

It depends on your employment contract. If you are paid for what you produce than that is all the pay you are entitled to and they are doing you a service by taking taxes out. If you are paid by the hour or on a salary agreement than your initial employment agreement has any holiday, vacation, sick time and vacation pay that you are entitled too.

Answer 2

If your company is withholding payorll and/or income taxes, you are most definitely an employee. If you were an independent contractor, they would making gross payments to you (without any tax deductions, and you would be required to report your own taxes, SS, FICA, etc.).

If you are in fact an employee, then you should be eligible for holiday/vacation pay as much as any other employee similarly situated.

Please note that holiday/vacation pay is not legally mandated to be offered automatically, just because you are an employee (it's an employee benefit), but if the company has a holiday/vacation pay policy, then that policy has to be consistenly applied over all employees who might qualify for such benefits according to the policy.

Answer 3

I would think so. If you do piece work you should be considered a private contractor and recieve a 1099 at the end of the year. It depends what your states laws are regarding this. You should look them up and find out your rights!!