if it even SMELLS like the guy is calling you a C to avoid or lower taxes, insurance, etc., both of you can come to great legal and financial harm.
Would somebody with professional legal experience please comment on
this?
When I ran a business, it seemed very clear that any governmental
legal and financial harm from making this mistake fell entirely on
the employer. I have never heard of an employee being accused of
fraud, or penalized in any way, as a result of being claimed as an
independent contractor. As John points out, there can, of course, be
great harm e.g. if you are injured and can’t collect workers comp
(which unfortunately, in California at least, has been pretty much
gutted anyway–they even took away my permanent medical award). But
this is a different kind of harm.
Lisa Orlando
Albion, CA, US
PS: My first-ever post to Orchid was in response to a similar
question about workers comp.
Can’t believe I’ve been posting for almost four years. Maybe you all
could use a break!