Homework Question - Misclassification of Employee as Independent Contractor?

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Enesaenesa

Active Member
10 June 2016
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0
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What if the parties expressly state that a person is an independent contractor or a partner when the person is an employee?

My answer is, the employer will get independent contractor misclassification penalties?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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820
2,894
Sydney
You need to remember that the bargaining position between an employer and any would-be employee is inherently unequal.
It is on that basis that an employers purport to offer, and workers, out of need as much as out of ignorance accept,
sham contracting arrangements.

Have a read of this.
And this.
And this.
And this.

Be sure and cite them correctly.