Contract employee, been working without a contract.

[Clavius]

I have been performing work as a graphic artist on a contract basis for a local marketing company since April of 2016. I have been providing creative materials for client blogs, social media channels and websites. I have also done some copywriting and video editing.

However I recently discovered discrepancies in my contract which concern me.

1) My contract actually expired on April of 2017 however I have continued to work for the company and provide graphic assets for them on a regular basis. There has never been an effort on behalf of my employer to renew my contract and my inquiries asking for a renewal of it result in a response of "don't worry about it".

I'm not sure what legal ramifications there are for having been working without a contract all of this time.

2) There is actually a typo in my contract regarding the length of my service which reads as:

"The term of this Agreement shall be for the period beginning April 28, 2016 and will continue until April 27, 2016".

I understand the end date is SUPPOSED to read April 27, 2017, but does this legally mean that the contract has been invalid all of this time? Granted this is a detail that was initially missed by both myself and my employer, nevertheless it is there. How literally is this read from a legal standpoint?

The demands my employer have been making upon myself and my time are beginning to border upon what would normally be expected of an hourly or salaried employee, however, they continue to refuse to hire me in that capacity citing lack of enough work to necessitate hiring me full-time. However I discovered recently they have been conducting interviews for graphic designers. If there is no work, why hire more designers? I have always received positive feedback about my work. I work in a timely manner and have always maintained a professional attitude.

Any insight would be greatly appreciated. Am I being exploited? Do I have any legal recourse? Or is this a total non-issue?

 

[justalayman]

You still perform work for them, right?

They pay you, right?

You have a contract. A contract doesn’t have to be in writing (in most cases).

No, the mistaken date doesn’t invalidate the contract but what difference would it make anyway since it’s expired?


If you continue to work without a written contract, that’s your choice.

The only real question is whether you are legally an employee or not. misclassification does happen; sometimes intentionally; sometimes ignorantly. If you are not legally an employee your actions available are up to you. If you don’t want to work without a writtten contract; don’t. If you want different terms in your contract; negotiate.

If you are improperly classified as a contractor when you are actually an employee then there could be a lot of issues involved. Overtime pay often results in the biggest windfall for the employee.
Here is a start on figuring out which you are:

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

 

[Zigner]

What US state?

 

[Dandy Don]

Are you satisfied with the fee they are currently paying you, enough to continue doing jobs for them or are you willing to be bold enough to make the effort to renew your contract with them, using the incorrect date as an entryway to suggesting a new contract?

You should first take the contract you have to a business law attorney and have him/her review it to see what improvements might be made or what additions.

Provide them with a new contract to sign, with an increased rate for you and see how they respond.