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What are the signs that you’re misclassified as a freelancer?

On Behalf of | Sep 16, 2021 | Employment Law

It is possible that an employer could misclassify workers accidentally or intentionally. They may indicate that they want to work with a freelancer but start overstepping the boundaries and working with them as if they’re an employee.

If you work as a freelancer, it’s important that you know your rights as an independent contractor and are able to define the difference between working as an independent agent instead of an employee.

As an independent contractor and freelancer, you won’t get the same benefits as a standard employee. That’s why it’s so important to be sure that you’re classified correctly. You could be owed benefits that you have not been receiving.

What are the signs that you’re actually an employee?

The first sign is that you’re doing work that is integral to the employer’s business. That means that you’re fulfilling a role that is needed daily or regularly to sustain the business. For example, running a cash register in a grocery store is an integral part of the business.

Another sign could be if you are asked to follow orders rather than exercising your own judgment or method of completing a contract. For instance, if you are a freelancing artist, you may agree to complete a mural by a specific date. If the client tries to make you come in for eight-hour shifts or tries to get you to do the process in a specific way, then they may be overstepping and you could be an employee.

It also matters if your relationship with the employer is permanent or indefinite. If you have a shift that you complete and no end of the relationship in sight, there may be some confusion about your role. On the other hand, an independent contractor will have a contract with specific deadlines and outlined services. That contract may be updated annually or each time the term of the contract is met.

These are a few signs that could show that you’re actually being employed and should not be considered to be a freelancer. If this situation is affecting you, you may want to look into your legal options for handling this worker misclassification.