Independent Contractor asked to sign an Employment Agreement?

[discgolfdc]

What is the name of your state (only U.S. law)? Ohio

Hello, all. I thank you in advance for offering whatever assistance you can.

I am a chiropractor (pity me) in the city of Cincinnati. I currently work for an office owned by another chiropractor who is unlicensed (why the state of Ohio allows chiropractic offices to be owned without any of the owners being active licensees of the board, I'll never know or agree with).

I came on board without an employment contract and have been working in this office now for approximately a month. In my initial talks with the owner, I asked if I could see what kind of a contract he'd have me sign, and at that time, he said that he "doesn't really do 'contracts.'" The more I thought about it, the more I actually liked the idea, as it keeps things more relaxed (at least for me).

Anyhow, the office owner pays me as an independent contractor on a 1099 (I sense that there are some goofy reasons for this, too). I've been withholding my own taxes.

Recently, the owner has been inching back toward the notion of asking me to sign an employment agreement, but I'm not terribly keen on this.

From a legal standpoint, can this guy have me sign an employment agreement (of the variety typically issued by and between professional individuals) while still keeping me on a 1099?

My thoughts would be that, if I have an "Employment Agreement," then I am, by explicit definition, an "employee" and, as such, to have taxes withheld. Frankly, regardless of the contract, I still think that my situation is that of an "employee" and not an "independent contractor," but I want to see if his forcing me into signing a contract would put the last proverbial nail in the legal coffin of IC vs. employee status.

Before anyone asks, yes...there are all sorts of things wrong with chiropractors and the chiropractic profession. As I said, "pity me." I'm making the best of it for now.

Thanks.

 

[justalayman]

Whether you are an employee or independent contractor is determined by several questions or tests. Go here https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee and go through the explanations of each.

The title of the agreement has no bearing on your situstion though.

It is not at all uncommon for a provider of professional services to be an IC though.

 

[discgolfdc]

?

So, if the EA contains a noncompete clause and the employer decides to deep six me, I'm now an IC who cannot work within the stated radius?

 

[cbg]

Perhaps. Perhaps not. There are certain things that are beyond the scope of a message board and one of them is interpreting agreements/contracts that we have not read. Show it to an attorney in your state, who will be able to read it word for word and determine whether it (a) determines your status as an employee or not and (b) is enforceable.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

Hello, all. I thank you in advance for offering whatever assistance you can.

I am a chiropractor (pity me) in the city of Cincinnati. I currently work for an office owned by another chiropractor who is unlicensed (why the state of Ohio allows chiropractic offices to be owned without any of the owners being active licensees of the board, I'll never know or agree with).

I came on board without an employment contract and have been working in this office now for approximately a month. In my initial talks with the owner, I asked if I could see what kind of a contract he'd have me sign, and at that time, he said that he "doesn't really do 'contracts.'" The more I thought about it, the more I actually liked the idea, as it keeps things more relaxed (at least for me).

Anyhow, the office owner pays me as an independent contractor on a 1099 (I sense that there are some goofy reasons for this, too). I've been withholding my own taxes.

Recently, the owner has been inching back toward the notion of asking me to sign an employment agreement, but I'm not terribly keen on this.

From a legal standpoint, can this guy have me sign an employment agreement (of the variety typically issued by and between professional individuals) while still keeping me on a 1099?

My thoughts would be that, if I have an "Employment Agreement," then I am, by explicit definition, an "employee" and, as such, to have taxes withheld. Frankly, regardless of the contract, I still think that my situation is that of an "employee" and not an "independent contractor," but I want to see if his forcing me into signing a contract would put the last proverbial nail in the legal coffin of IC vs. employee status.

Before anyone asks, yes...there are all sorts of things wrong with chiropractors and the chiropractic profession. As I said, "pity me." I'm making the best of it for now.

Thanks.

There are typically contracts between independent contractors and the person who "hires" them. Therefore a contract in itself would not make you an employee...the wording of the contract however, could. For example, if it says "employment agreement" as a title, that would tend to push it in the direction of you being an employee, but the text of the contract would matter as well.

So, bottom line...it all depends on exactly what the contract says.

 

[FlyingRon]

Further, a company is always permitted to treat an INDIVIDUAL as an employee regardless of the nature of the employment. The reverse is not true, you can't call someone a contractor if they are by their job function, legitimately an employee.

 

[xylene]

Don't agree to a non-compete.