Misclassified As Independent Contractor

Summary

Misclassification can lead to penalties. Factors like control over work, set schedule, and integral role suggest employee status. Misclassification can have legal consequences. Consult an employment attorney for personalized advice.

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I have been working for a warmline for the last two years . I've received training, I get an hourly wage, I have a set schedule, my work is integral to the business, I was also a supervisor
Do you have any written agreement with your employer about your employment status?

In North Carolina, factors like control over work, set schedule, integral role suggest employee status. Misclassification can lead to penalties.
Yes I had to sign an independent contractor contract
What are the terms of your contract regarding your job responsibilities and the level of control your employer has over your work?

In North Carolina, misclassification can lead to penalties.
Contractor will manage the designated Warm-Line hours as coordinated with the Director of Peer Le Initiatives, Coordinator of Peer-Led Initiatives, and Warm-Line Team Leads. Contractor will maintain and submit any required documentation to the Director of Peer Lead Initiati as directed in the identified time frames. Contractor at all times will utilize good judgment while providing warm-line support without being judgmental, will be a good listener while practicing empathy, provide resources to the caller as identi will not give advice i.e. you should, you could, etc. that represents "power over", approach all calls a interaction of mutuality and understanding, share your Recovery story when it fits. ulations of the Company from time to time established, and shall perform the duties assigned
Do you have the ability to hire or pay assistants to help you complete your work?
No
Based on your information, it seems like you might be misclassified. In North Carolina, the ability to control work and lack of ability to hire assistants are factors indicating employee status.
What about working in a supervisor role or having supervision and trainings
Does your role as a supervisor involve overseeing other employees or contractors, and who provides the supervision and training?
Yes and the director and other supervisors provide supervision and trainings
What are the specific duties you perform as a supervisor?
Starting the shifts, providing feedback, and supporting other workers
Based on your duties as a supervisor, it further suggests that you may be an employee, not an independent contractor. In North Carolina, misclassification can lead to penalties.
Does hourly pay and the fact that I have continued employment
Does your employer determine your hourly rate and the duration of your employment?
I am hired on indefinitely and yes they determine my hourly rate
Based on your information, it seems you might be misclassified. In North Carolina, if an employer determines your pay rate and employment duration, it indicates an employee status. Misclassification can lead to penalties.
I work from home
Does your employer provide you with the necessary equipment and resources to perform your job from home?
No
Do you incur any costs for the equipment and resources you use to perform your job from home?
I use my own cell phone and laptop
Do you receive any reimbursement for using your personal equipment for work?
No but I have been reimbursed for mileage
What was the mileage reimbursement for? In North Carolina, independent contractors typically cover their own expenses.
For a paid training and for worker events
Do you have to attend these trainings and events as part of your job responsibilities?
No
Do you have the freedom to reject work assignments or tasks without facing any consequences?
No
Based on your information, it seems you might be misclassified. In North Carolina, lack of freedom to reject work indicates an employee status. Misclassification can lead to penalties.
Thank you
You're welcome, Deanne. If you believe you've been misclassified, you may want to consult with an employment attorney. North Carolina Legal Aid may be able to assist. Their contact number is *-*-*-*.