Am I an employee or a freelancer?

| Apr 8, 2020 | Employment Law |

Are you a freelancer? Are you an employee? 

The problem with terms like these is, as explained by FindLaw, that they do not provide clear legal definitions of your role as a worker. Instead of just looking at your title, you may have to look closely at your relationships with the people or companies for whom you work. 

What you do 

That said, your title could have clues about whether you are a freelancer or an employee. Specifically, freelancers typically hold positions of leadership or essential importance to a company. If the operations of your clients would completely fall apart without you personally working there, that could be an indication that you are more than an independent contractor. 

How you do it 

Another thing you may want to examine is how you perform your job. Do you make your own schedule? Do you decide how the work proceeds? Do you have some input into your pay rate? Freelancers are much more likely to answer “yes” to all of these questions than are employees. 

Who your clients are 

Most employee-employer relationships are relatively close and relatively structured. For example, as an employee, you could be expected to show up on a regular basis and work with a team of other employees. You might receive benefits for your work. 

Freelancers, on the other hand, tend to have a looser relationship with clients. An example: Although there could be teamwork involved in  your role, it would usually be up to you to decide the team members with whom you would like to collaborate. 

There is no single item that would necessarily tip the scales, making you either a freelancer or an employee. Rather, you would want to look at your whole relationship and decide which role you truly played. 


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