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thebeautifulhag

Employee v. Contractor (Sub)

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I was "subcontracted" by a company to transport cargo with a "no forced dispatch" policy, But was terminated for supposedly "refusing a dispatch".  The definition of a contractor is very confusing because principal characteristics that make me a contractor are those that have to to with tax accountability by the principal contractor. It would seem that if I have to abide by another company's policies and procedures and/or follow any of that company's guidelines or directives in any way other than those in common and required by my contracted skillset, I am , by definition, an employee of that company. 

 

Does the National Labor Relations Act include contractors or are terms labor organizations/employers and employees/contract(ors )(ees) interchangeble? If so, what section?  

 

If not, what Federal Act addresses fair labor for subcontractors, legitmate contract termination, dismissal, and right to work violations between companies that contract drivers? 

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Whether you are an independent contractor or employee depends on certain characteristics of the relationship.  The determination is fact driven and must be determined on a case by case basis.  The criteria used by the IRS are:

 

Common Law Rules

Facts that provide evidence of the degree of control and independence fall into three categories:

  1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
  2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
  3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business.
 
Similar criteria apply to determining an individual's rights to worker's compensation and other benefits.  The question is so broad as to prevent full explanation on this forum.
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But, I sense your particular problem is whether the company that "contracted" with you can refuse to "contract" with you because you violated a company policy.
 
The answer is simpler than you imagine.  The company dispatching you can refuse to contract with you regardless the reason unless they refuse to do so because of a violation of a protected status, such as race, religion, sex, nationality, etc.  If, on the other hand you are an employee, they can fire you unless you have a contract with them, are a member of a collective bargaining unit, or the firing violates a protected status as described above.
 
In other words, it probably doesn't matter whether you are an employee or an independent contractor.

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Does the National Labor Relations Act include contractors or are terms labor organizations/employers and employees/contract(ors )(ees) interchangeble? If so, what section?  

 

If not, what Federal Act addresses fair labor for subcontractors, legitmate contract termination, dismissal, and right to work violations between companies that contract drivers? 

 

If you're looking for laws that would force the company to give you work, there aren't any.

 

"Right to work" only means that you don't have to join a union to get work. It doesn't obligate any business to actually give you work.

 

If the company illegally misclassified you as an independent contractor there could be penalties exacted upon the employer but that doesn't help you or get you the work.

 

If you didn't have a written contract obligating the company to anything then you have nowhere to go with this.

 

Before you accept any independent contractor arrangements in the future I suggest you study the IRS material on the topic:

 

http://www.irs.gov/taxtopics/tc762.html

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