| You've got some spare hours and want to earn some | | | | To qualify for independent contractor status a |
| extra income. You get an offer to become an | | | | company must not provide any tools to work with. |
| "Executive Assistant" in an aluminum siding company. | | | | Example: when you call a plumber to come fix your |
| You visit their representative, and look over their | | | | sink, he brings his own pipe wrench. You do not |
| literature, handsome colored brochures which proclaim | | | | provide this for him. You can only supply merchandise |
| opportunity, opportunity, and more opportunity. But, | | | | which will be used up in the process of the job, e.g. |
| nowhere are benefit packages mentioned, the usual, | | | | tissues to wipe down the plumber's tools while he is |
| medical, vacation, sick leave, termination pay--nothing | | | | working. The company may not specify work hours. |
| of this in writing. But, the rep speaks lavishly of these | | | | That must be left up to the independent contractor, like |
| "benefits." You are impressed, join the team, find you | | | | the plumber. No other form of guidance may be |
| are only to collect commissions for selling aluminum | | | | exercised. You, as the customer, have engaged the |
| siding, work a few weeks, get disgusted and quit. | | | | plumber to attain a desired result, a workable sink, |
| When you go back to collect your pay, you are told | | | | that's all. The means of getting this desired result must |
| that you were never an employee, but an independent | | | | be left up to him. And, importantly, the independent |
| contractor, and delay excuses are made for not | | | | contractor must not be provided work facilities on a |
| having your limited earnings available yet. You wait. | | | | regular basis. This is yet another separation criteria in |
| Next time you try to contact them, you find the tent | | | | determining, is this person an employee or an |
| has been pulled and the company is gone. This is a | | | | independent contractor? To top off: an independent |
| pattern that is practiced repeatedly, and with much | | | | contractor submits invoices for services (he works for |
| success, by con men everywhere. | | | | others beside you). And, employees do not submit |
| Why this pattern? | | | | invoices. |
| Because it enables them "cover," a means by which | | | | So how do you protect yourself against these |
| they can hide behind an advantage to them, a | | | | charlatans? |
| differentiation problem that the politicians are too | | | | Ask them to write down the work "benefits" they |
| cowardly to solve. | | | | offer, maybe because you wish to ponder them, and / |
| Congress has punted on this due to the difficulty of | | | | or, talk them over with family and friends. |
| precise language and because, generally, employers | | | | Have them clarify, in writing, the status of an |
| everywhere want to keep the language vague so as | | | | "Executive Assistant" as opposed to Sales |
| to give them more maneuvering room in taking on | | | | Representative. |
| additional help. These companies assert lobbying | | | | Ask for a list of references from satisfied customers. |
| pressure against precise language. Some states have | | | | Ask for bank references. |
| laws, but mostly subject to interpretation all over the | | | | You won't have to go much further than this. If these |
| map. End result? You are caught in the middle. | | | | simple requests are filled for you, this opportunity might |
| Only the IRS has rules covering this debate, the exact | | | | be worth further pursuit. |
| nature of which are unknown, but as a general rule run | | | | If not, well, you've saved yourself a lot of time, effort. |
| something along this line: | | | | And, needless frustration. |