Independent Contractor Attorney

Many employers will claim that you cannot sue them or make a claim against them because you are an independent contractor as opposed to an employee.  While it is true that independent contractors do not always have the same rights as employees the determination of whether or not you are an independent contractor is not a decision of your employer but the nature of your job.  Calling you an independent contractor or paying you as an independent contractor does not necessarily make you an independent contractor.  Whether you are an independent contractor usually depends on the control over the details of your work that your employer has.  Every case is unique and every fact specific and you should seek legal advice from a competent employment lawyer regarding this issue.

Common Myths About Misclassifying Employees as Independent Contractors

Misclassification of employees as independent contractors is actually a pretty common occurrence in the workplace. This can prevent these employees from obtaining benefits, like overtime pay and compensation for work injuries. Here are some myths that you shouldn’t believe.

• Not Getting a Paycheck: If you do not receive a regular paycheck at your job, it doesn’t necessarily mean you are an independent contractor. There are several factors that can make you be considered an employee, such as the employer’s right to dictate when and where the job tasks are performed

• Signing a Contract: At some workplaces, employers may require workers to sign a contract that states they are independent contractors. However, even if you signed this agreement, it does not automatically mean you are a contractor.

• Completing Your Work at Home: Just because you work from home, does not mean you are an independent contractor. These days, many companies allow their employees to work from home at least part-time if it is possible to complete their tasks at home.

• Receiving a 1099 Form: If your employer gave you a 1099 for your taxes instead of a W-2, you may assume that you are a contractor. However, it is possible that your employer may have given you the incorrect form.

• Using the Same Contractors Over and Over: Some companies use independent contractors on a long-term basis to save money. However, this usually is not ethical and can be a red flag for the EEOC. If a contractor performs work for the same company for a long time, he or she is contributing a lot to a business and should be considered an employee.
• Contractors Can’t Sue for Injuries: It’s true the independent contractors are not covered under a company’s workers’ compensation insurance. However, that doesn’t mean that contractors can’t file their own personal injury lawsuits if they get injured at work. If companies were negligent in keeping their premises safe, they could still be held legally responsible.

Getting Legal Assistance

If you believe your employer misclassified you as an independent contractor and you were injured on the job, you should get in touch with an independent contractor lawyer at Davie & Valdez, P.C.. He or she will review your case and determine if your employer acted illegally or not. An experienced lawyer can help you gather evidence and be on your side every step of this stressful process.

Essential Tools For Independent Contractor Success

As an independent contractor, we rely heavily on strong communication and time management to keep projects moving and relationships strong. Tools like Slack, Zoom, and Google Calendar help us stay organized, respond quickly, and remain accountable. These platforms allow us to coordinate with clients, track deadlines, and schedule meetings without confusion or delay. Being consistent with communication and honoring timelines builds trust, which is essential for repeat business and referrals.

Accurate Time Tracking And Invoicing Software

Getting paid fairly and on time depends on how well we document our work. Time-tracking software like Harvest or Toggl allows us to record billable hours down to the minute, helping us avoid undercharging or overreporting. Invoicing platforms such as QuickBooks and FreshBooks make it easy to send professional invoices, track payments, and handle tax deductions. Using these tools removes a lot of the guesswork from our finances and gives clients clear visibility into what they’re paying for.

Well-Written Contracts And Agreements

Before an independent contractor begins any project, it’s important to have a signed agreement in place that outlines expectations, timelines, payment terms, and the scope of work. Solid contracts protect both us and the client. They reduce misunderstandings and give us something to reference if questions arise later. Having a reliable template or working with our firm gives us confidence that our contracts are thorough, enforceable, and tailored to our type of work.

Secure File Storage And Sharing Systems

Most of us work digitally, so keeping files organized and accessible is a big part of staying efficient. Cloud storage services like Dropbox, Google Drive, and OneDrive let us store and share documents securely with clients. These tools allow real-time collaboration and reduce the risk of losing important work. A good file system saves time and helps independent contractors maintain a professional workflow, especially when juggling multiple clients or large projects.

Clear Branding And Online Presence

Whether we work in creative services, consulting, or technical trades, how we present ourselves matters. A simple, clean website and consistent branding across our profiles help clients take us seriously. Platforms like Squarespace or Wix make it easier than ever to set this up without needing a design background. Our online presence acts as a resume, portfolio, and contact page all in one. Clients often check these details before reaching out, so it’s worth investing some effort into getting it right.

Trustworthy Financial And Legal Support

While we manage most things on our own, it helps to have dependable legal and financial professionals to call on. Whether it’s reviewing a contract, setting up an LLC, or handling tax planning, having a relationship with professionals who understand independent work can save us both time and stress. Partnering with the right advisors gives us space to focus on delivering quality work and growing our business.

Let’s Take The Next Step Together

Working independently offers flexibility and freedom, but the right tools and support make a big difference in how successful we can be. At Davie & Valdez P.C., we help contractors build a strong foundation so they can move forward with clarity and confidence. If you’re ready to protect your work and grow your business the right way, reach out to our award-winning lawyers today for a free consultation.