Wednesday, February 8, 2012

Am I legally owed a staff job

Am I legally owed a staff job?
I've been working at the same place as a freelance worker for over a year now. I work 40 or more hours a week and I don't ever take vacation unless I have to because the building is closed. A co-worker recently told me that this is illegal on the part of my employer and I am supposed to be given a staff position. Is this correct?
Law & Legal - 5 Answers
Random Answers, Critics, Comments, Opinions :
1 :
It depends on what your job is. Go to the irs.gov website and look at the information on employees vs. independent contractors. If you still can't figure out which one you are supposed to be, then the IRS will do it for you if you request it.
2 :
if you are NOT working thru a temp agency and the company themselves has been paying you directly as a contract employee for a year, then it's possible they could be exceeding some kind of length of employment rules - might vary by state - talk to them. The longest I ever worked at one job assignment as a temp was about 11 months, but that was thru an agency and the client then hired me - been there 6 yrs now as a perm employee
3 :
This only applies in the United States. There are no laws where any employer has to make a freelance worker a permanent staff member after any amount of time. The only illegality would be is in the event you are being treated as a staff member with set hours and rules and they would then be in violation of the Federal Labor Standards Act.
4 :
Uh, you aren't owed a job. Depending on your job duties and conditions, though, it might or might not be legal for them to define you as a freelancer, they might have to classify you as an employee if they keep you at all, but they don't have to keep you.
5 :
ask that co-worker where they got their information, if they know of someone who advanced like that and if so go talk with that person. Sometimes co-workers like to start trouble and what they told you may not be accurate, or not accurate in tough economic times like right now. Why not ask your supervisor what the rules are

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