| In the US, a court can also rule that you were de-facto employed. There was a famous case with Microsoft http://en.wikipedia.org/wiki/Permatemp#Vizcaino_v._Microsoft This happens all of the time. Large US companies sometimes only hire contractors that have employee status with some other firm to protect themselves. In the standard test to determine whether an person is an employee, they look at things like who supplies the equipment, who sets the hours, whether it possible for the contractor to have a loss -- most critically in the Uber case, you are more likely to be classified an employee if you do the work that is the purpose of the company. What that means is that if I clean the offices, I can be a contractor because the purpose of the company might be to make and sell widgets. If I am on the factory floor making the widgets, then the labor dept. frowns on a contractor classification. These are all just guidelines -- the labor dept or a judge will make the call, but US tax laws incent them to prefer employee status. (IANAL, but I have served on an employment board, overseeing a US Labor dept regional office) |