Answers Posted By Ann Lugbill

Answer to Employer or Agency?

Employer or Agency

When you have a contract (which can mean an oral agreement), your contract is with whomever you contracted with. Whether you should be an employee or an independent contractor is a complex question involving where you work, who determines your hours, how much control you have over the job, etc. The IRS has the best information on it--you can find the factors that it will consider on the IRS website (read it myself yesterday). If you are an employee, that makes whomever you work for an employer subject to the various laws that apply to employers.



posted Feb 5, 2004 9:55 PM [EST]

Answer to Can I be fired for this?

Can I be fired for this?

Yes. Unfortunately, an employer can legally fire a person for any reason not specifically prohibited by law. if you have no contract or union. If the firing was because of your age, race, sex, disability status, whistleblowing, etc., then it would be illegal.

Just because the firing is legal, however, does not mean that you might not be eligible for unemployment compensation.

You need to take care of yourself (and any family you may have). Whatever is best for you, for your income, for your future job stability, is what you must do.

January and February are tough months in the restaurant business, except in resort areas (southern beaches and ski areas), so think about what things will be like in 1-2 months before doing anything drastic.

Ann Lugbill
Cincinnati, OH

posted Feb 5, 2004 7:47 PM [EST]