If I pay taxes as self employed, but I had been working for the same people?

Question

and paid with check from their bussiness account, do I have any rights if I'd been working for them for the last 6 years? I took some vacations, and a maternity leave, but not paid. Now, one of my employers had become verbally abusive, if something goes wrong 'cause there is no communication, what are my rights? I'm feeling more and more abused, and not feeling happy at all. Eventhough I've been trying my best to improve my quality of job.I feel burned, and I really need at least a week of time off. I'm willing to not get paid, but I'm affraid maybe I won't get my job back. BTW, I'm an working for a couple of RE agents in CA. Any suggestions?

I do work in their own office, full time M-F, 9-6, sometimes they call me over the weekends for related to work issues, or sometimes I do work part time on Saturdays too.

Answer 1

Depending on just what you do for them, it might or might not be legal for them to treat you as self-employed. But either way, they don't have a legal obligation to keep you on with them, whether you take a week off or not.

Good luck.

Answer 2

As an independent contractor you do not get the benefits of having an employer pay benefits, BUT on the other hand you are the one with control. It sounds like you or the people you work for have broken the golden rule of keeping independent contractors at arms length - meaning the employer does not treat you as an employee and you do not act like an employee.

After 6 years both you and the employer have gotten used to this comfortable relationship and are treating each other like employer/employee. Your boss should be reminded that you are not an employee and that you can leave any time you decide to without reason or notice -- that is the plus of being an independent contractor. You need to remember that this is a business relationship, these are not your friends, these are not your employers, you do not have to put up with abuse because you can pick up and leave.

Staying in such a verbally abusive work environment, when YOU have the power to walk out, sends a message that you are willing to put up with the abuse for the comfortable job. Having been self employeed since 1993, I can tell you it is not comfortable. There are times you walk away from a paying client for your own sake, when there is no next job to go to. That is when you hustle to market your services.

Legally, you probably cannot file a compliant with the EEOC or the CA dept of human rights because you are not an employee, the office is small, and the abuse does not sound as if it is based on discrimination. (see www.eeoc.gov) You may be able complain to the Dept of Labor www.dol.gov regarding the employer holding you as a independent contractor, but be prepared for lots of litigation.

You are self employed, that means you run the show. Write a formal memo to the RE agents telling them (NOT ASKING) that you will be out of the office for a certain period of time. During that time get your thoughts together on if you want to be self employed or just be an employee. Once you come back, be professional, if one of the people you work for verbally abuses you STOP the conversation -- say that as a non-employee you do not have to put up with being spoken to like that and you will not tolerate that. Be prepared to walk away from this client and find another gig.

Answer 3

You're not self-employed as an independent contractor if you work for only one entity (i.e., one business account is paying you and issuing you a 1099 at the end of the year). You need to change your status to employee and have them start paying their share of your payroll taxes.

However, if you're unhappy with one of the agents, and want to retain your status as an independent contractor, then fire the bad one and go offer your services to other agents.

Send out letters to every agent in the area, listing the support services you can offer to them (so they can free up their time to hunt up more business). Interview and select the ones you want to work with. Oh, yes, increase your rates so you can pay your own payroll taxes and still clear enough money to make the hassle worthwhile to you. If you get too many offers, then form your own business and hire some people to help you provide the support services. You've got a great opportunity here and should do something profitable with it.

Answer 4

I would check with the California Department of Labor to see if your employer is mishandling your taxes.