Employment
Status
Copyright TKA 2008

215-750-3134
Timothy Kolman & Associates
Since 1991
What Is Your Employment Status

Are you an employee?
Are you an employee or an independent contractor? The difference affects your rights. An employee receives a salary or a wage and is directed, controlled or supervised in the performance of their job. But an independent contractor is hired by a company on a project basis. Often an independent contractor has to provide their own equipment and act on their own initiative, An independent contractor will generally have an independent contractor agreement, setting out his or her duties. The agreement will generally state that the worker has been hired on an independent contractual basis.

This distinction is very important because the laws of discrimination in the workplace, both state and federal, only govern the relationship between employers and employees. If you are unsure if you are an independent contractor or an employee, you need to give us a call and we should be able to establish, in short order, what your legal status is and what we can do for you.

Are you a part time worker?  (contingent worker)
There has been a significant trend in the last 10 years towards the creation of the contingent worker. Companies do not wish to pay benefits. They do not wish to pay overtime due to corporate downsizing and an attempt to maximize profits. Companies have found contingent workers useful to the bottom line.

The contingent worker is essentially a part timer who works less than 40 hours a week. They don't get the benefits and often the part-time nature of their work and their lack of hours makes them ineligible for Family and Medical Leave. Sometimes though, because they are considered expendable, or because the company views them as second-class employees, they are often discriminated against.

Just because you are a contingent worker does not mean that the discrimination laws do not apply to you. If you are a contingent worker and you believe you have been wronged by your employer, you need to call us.