Yoga Independent Contractor in Texas

[LPM5228]

I am a yoga instructor who works for a company as a teacher trainer. I am expected to teach specific topics on scheduled days/ times, pay my own expenses, am viewed by the public as a representative of the company, am classified as a contractor for tax purposes, and currently have no contract terms other than services to be performed and pay. These seem like very distinct contradictions based on how I'm reading the law. Now, this employer wants to limit how much I can work because I began teaching with another program. I think I just need to get better contract terms laid out with a specific non-compete agreement, but I'm worried about having the conversation because this employer is basically holding all the cards. What legal legs do I have to stand on, and what actions can I take without completely destroying this business relationship? Thanks!

 

[HC1432]

I am a yoga instructor who works for a company as a teacher trainer. I am expected to teach specific topics on scheduled days/ times, pay my own expenses, am viewed by the public as a representative of the company, am classified as a contractor for tax purposes, and currently have no contract terms other than services to be performed and pay. These seem like very distinct contradictions based on how I'm reading the law. Now, this employer wants to limit how much I can work because I began teaching with another program. I think I just need to get better contract terms laid out with a specific non-compete agreement, but I'm worried about having the conversation because this employer is basically holding all the cards. What legal legs do I have to stand on, and what actions can I take without completely destroying this business relationship? Thanks!

If you have been correctly classified as an Independent Contractor (which I suspect is not the case) then the terms of the services you provide such as the hours your are available, the rate/payment that you receive, etc are what you and the company mutually agree to in a contract or other agreement. Frankly, "mutually agree" is probably not even the right way to say it. They are your client and you are their service provider. You have every right to tell them what your terms of service are and they can either agree or not agree. Similarly, they can tell you what they need and when they need it, and you can say yay or nay accordingly.

However, if you are being directed how and when you are to perform your services, the rate of pay is being established by the company, etc, it is very likely that you have been misclassified as an IC and as a result, you would be subject to the policies and expectations of the employer just like any other individual who is employed with them.

If as it stands now you are working as an IC, you should make it clear to the employer what your terms of service are and I would also strongly recommend having an attorney aid you in developing a service agreement or contract that you can implement with the employer so that it is clearly established what the arrangements will be for your services.