If the term 'independent contractor' is misused in a contract, can an employer use that to not pay commission?
I signed a contract with a company, working as independent contractor yet I'm taking on many employee functions. If, in fact, I'm more of an employee than an independent contractor is the entire contract null and void? Specifically, must the employer still pay me our agreed upon commission set forth in the contract even though the term 'independent contractor ' may be misused? Can the employer use this misused term to get out of paying me my full commission? We both signed the contract, of course.
Asked By: Scott D - 9/10/2009
Best Answer - Chosen by Asker
In Californian an individual is an employee if the hiring party... More
Answered By: William S - 9/10/2009
Additional Answers (1)
if commission is mentioned in the contract and you have met the conditions to receive commission, how can the company refuse to pay it? - you are not an employee if you signed a contract as an independent contractor
Answered By: Doctor Deth - 9/10/2009
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