Re: Question-How independent is "independent contractor status?"

Subject: Re: Question-How independent is "independent contractor status?"
From: Andrew Plato <gilliankitty -at- yahoo -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Thu, 27 Mar 2003 12:34:57 -0800 (PST)


Sarah Clark wrote...

> Hi Everyone:
>
> I'm wondering just how literally to take the "independent contractor"
> status clause in my contract? It's the standard clause stating that have
> no control over me in any way etc. I just have to produce the work-on
> time. They've requested that I work on site (project requires close
> collaboration with co-workers/subject matter experts) and they've
> indicated preferences in terms of hours of work. That's fine. I see the
> point. The problem is...I feel I'm getting "mixed messages". This is also
> happening to a close associate and fellow tech writer...in another area.
> (Same organization but different dept.)
>
> If I'm an independent contractor...then "must" I conform to their work
> hours? Do I have the option of working from home?

Practically - yes. Although you are technically an independent entity, they
have a right to set the terms of your work - including hours. The way it works
is that they can't tell you to specifically be there at a specific time, but
they can require things like working during normal business hours and working
on site. The practical results are that you essentially have to work normal
hours.

Since you're in Canada - the laws are of course different. But I suspect they
are similar in this regard to US laws.

> Any thoughts? Suggestions? Ideas? On how to handle this? Anyone had
> similiar experience?

I would set a schedule with them for on-site work and keep it. I wouldn't
press for off-site work until you have built trust with them and can justify
it. It is natural and normal for employers to be leery of contractors who want
to work off-site.

Andrew Plato

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