1099 Contract With Employer

[mc202]

I have been freelancing for a company over the past two years and billing out an invoice every month for client work. Over the past month, it looks like the management team has shifted and other employees fired and clients are leaving their company.

The past few weeks, it almost seems like they have forgotten about me and I have a signed contract that specifically states (they must terminate me through written notice). I have not received anything, and if they clients I am working on end up leaving and I don't hear from anyone from the company that they will be terminating my contract, is it legally okay to keep invoicing them each month as I am listed as a freelance consultant ?

Any help is appreciated. The employer is located in California, and I am located in Pennsylvania.

Thanks!

 

[adjusterjack]

is it legally okay to keep invoicing them each month as I am listed as a freelance consultant ?

I don't know.

What does your contract say?

Does it say you invoice them for work you perform or does it say you invoice them for being a warm body sitting around doing nothing?

Your last post disappeared because you included a link to a document. Apparently a nono here.

I did manage to read it before it disappeared and it seems clear to me that you are not providing billable "services" by sitting and doing nothing.

Nor does it appear that the client has any obligation to actually assign you any consulting tasks.

I suggest you seek work elsewhere if you are not getting work from this client.

 

[Zigner]

The only thing regarding services is here on the screenshot: https://image.prntscr.com/image/0e4c08c3fd0d4bb1b3c6928814c3dc39.png

If the company is not outlining work / services that should be completed, does the not fall on their end for dropping the ball? I would still be a resource for their company with anything they requested.

The question isn't about services - the question is about payment. Let's pretend this never occurred. If there was a month in which you didn't do any work (for whatever reason), would you bill anything for that month? In other words, are you billing for the work you actually DO, or are you billing a monthly set amount?

(This has nothing to do with employment law...you are not an employee.)

 

[mc202]

The question isn't about services - the question is about payment. Let's pretend this never occurred. If there was a month in which you didn't do any work (for whatever reason), would you bill anything for that month? In other words, are you billing for the work you actually DO, or are you billing a monthly set amount?

(This has nothing to do with employment law...you are not an employee.)

Currently billing for every month for work completed at a set monthly rate. But if in the future, if the clients that I am working on, end up leaving and no one from the company follows up on anything to me, would it be okay to still invoice them the set amount each month?

 

[Zigner]

Currently billing for every month for work completed at a set monthly rate. But if in the future, if the clients that I am working on, end up leaving and no one from the company follows up on anything to me, would it be okay to still invoice them the set amount each month?

You make things clear as mud...

Let's try again: If the company took a 1 month vacation and you didn't do ANY work for them that month, would you bill them anything for that month?

 

[HRZ]

IF there is work on your platter...I'd keep billing ....but the way contract is worded they need not send you more work...so read the tea leaves and plan ahead .

BTW your details are far from convncing that your are a true IC ....and the default position is that you are an employee unless a bona fide IC. ....I'm not sure I'd rock any boats prematurely.....

 

[Zigner]

BTW your details are far from convncing that your are a true IC ....and the default position is that you are an employee unless a bona fide IC. ....I'm not sure I'd rock any boats prematurely.....

Huh? There's really no question that the OP is an Independent Contractor. The OP is confused about the terminology, that's all.

 

[HRZ]

I missed that post..if you are billing a flat amount each month that smells even more like employee status.....me, I'd keep my head down , not ask questions, and keep billing until something else happens ....but the road is coming to an end and you best have next steps underway?

 

[Zigner]

I missed that post..if you are billing a flat amount each month that smells even more like employee status...

What? That makes no sense. Really.

ETA: We pay a graphic artist/web designer $250 per month + extra work on a per-hour basis to maintain our website. Does that make him our employee? No, it does not.

 

[mc202]

To sum up a few things

1). I am an IC and file a 1099 with this company yearly
2). They pay a fixed amount each month
3). Their management team has shifted and additional employees that work full-time have been fired, as they are losing clients on there end.
4). I work remotely as a freelance consultant
5). There has not been any communication between myself or the company over the past few weeks, although I am still doing client work
6). If the clients I am working on end up leaving and no one from the company communicates anything to me, is it legally okay to continue to bill them each month if they do not formally terminate me through written notice (which the contract states)
- Although, in the future if I may not be doing client work, but am still opted into the contract, I would assume I am still apart of the company as a resource and therefore can continue to bill until they terminate the contract?

 

[Zigner]

To sum up a few things

1). I am an IC and file a 1099 with this company yearly
2). They pay a fixed amount each month
3). Their management team has shifted and additional employees that work full-time have been fired, as they are losing clients on there end.
4). I work remotely as a freelance consultant
5). There has not been any communication between myself or the company over the past few weeks, although I am still doing client work
6). If the clients I am working on end up leaving and no one from the company communicates anything to me, is it legally okay to continue to bill them each month if they do not formally terminate me through written notice (which the contract states)
- Although, in the future if I may not be doing client work, but am still opted into the contract, I would assume I am still apart of the company as a resource and therefore can continue to bill until they terminate the contract?

Based on this post, yes, you can continue billing. There's nothing "illegal" about it. Whether they pay or not is another matter which you'll need to deal with when/if it comes up.

 

[mc202]

Thanks, Zigner. If something does happen and I don't hear from anyone, I guess I will continue to bill them and see if they pay.