First, we all should know the legal definition of an independent contractor is a person or business who performs services for another person under an express or implied agreement and who is not subject to the other CONTROL or right to control the manner and means of performing the services. The main factor is CONTROL. A person can only be evaluated by their RESULTS.
I would take this to mean in the real estate world that results would be measured in sales and listings and service to clients. Absolutely would not mean how you part your hair, take too many breaks, talk back to the copier, etc.
Today I wish to share a part of my past life in hopes it will help someone out there who wonders about their legal rights as an independent contractor. I started as a lowly agent, working up to a supervisor of a state having complete responsibility of everything that went on in relation to sales by that company in that state. Oversee independent contractors? Yes, many. No problems there.
Later years took me to the highest level of management and I had alot to learn about what could happen with independent contractors. I had been there two days when a lady came into a meeting with our president and two of our legal beagles. She stated it would take a million for this to go away. This was because a person had mailed written material to another that had two out of twelve jokes containing slight suggestive material. The guy who received that mail was set for life. From that day on I saw independent contractors sue the company for violation of the independent contractor rights. $50,000. here and $100,000. there. I have seen them sue for the principal of the thing and the meager amount go to charity. Snide remarks and one on one evaluations and terminations were money makers for the independent contractor. I was called into a litigation for termination of a manager and fortunately my staff had kept good written records. Then I was told to answer yes or no if I had ever commented on any part of that persons anatomy. My counsel advised me to say yes as I had voiced that I wondered if his Elvis hair was real. See how touchy that can be and yes, my company had to pay a small amount like $30,000. for my comment to my assistant. It never got out but he was smart and knew everyone talked about his hair.
Independent contractors have legal rights and today that cool lady who wanted the cool million has been appointed a judge and is one of my closest friends.
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