Independent contractors are not treated the same as employees. While independent contractors have more freedom in their work, they also lack some of the protections enjoyed by traditional employees, such as workers' compensation and unemployment benefits. They are also responsible for paying their own taxes directly to the Internal Revenue Service from the first dollar, since their taxes are not withheld by the business that is paying them. If you have a question as to whether you should work as an independent contractor or as an employee, contact an experienced employment law attorney today to discuss your situation.
Learn More About Employment Law
Most employment is "at-will." Basically, this means that you could quit or be fired for almost any reason, or even no reason at all. However, there are exceptions to that general rule and employees have many safeguards in place to protect their rights. Under current state and federal laws, employers are not allowed to dismiss an employee for their age, race, sex, pregnancy, national origin, color, union activity or in violation of public policy. If you have been dismissed for one of these reasons, contact the attorneys at Cook, Portune & Logothetis to learn more about your options.
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At Cook, Portune & Logothetis, in Cincinnati, Ohio, our attorneys represent workers in pension plan disputes, employment discrimination cases, asbestos and silica exposure lawsuits, executive contract negotiation and other employment law matters. Regardless of the challenges you face, you can contact us for a confidential consultation.
Contact Cook, Portune & Logothetis to speak with a lawyer who has in-depth knowledge of Ohio employment law. Call us toll free at 888-339-0443 or locally at 513-878-1799. Of course, you could also contact us online.
The Hiring Process
Applicants for employment positions have rights whether or not they become employees. Under federal law, it is illegal for an employer to discriminate in its hiring process based on race, national origin, gender, pregnancy, age, disability or religion. State and local laws may specify additional protected classes based on categories such as sexual orientation. Employers must abide by anti-discrimination laws at each stage of the hiring process, from placing the ad to interviewing and the final selection of the candidate. There are few exceptions to these rules, but an employer may discriminate on some bases if a bona fide occupational qualification (BFOQ) exists. A BFOQ can be based on a reasonable and necessary job requirement, but this is a narrow exception. If you are concerned about discrimination in hiring, contact Cook Portune & Logothetis in Cincinnati, Ohio, to discuss your situation.
Employer Interview Questions
Generally, employers should avoid asking questions that relate to the classes protected by discrimination laws. The following examples are the types of queries that are illegal for prospective employers to ask:
- Whether the applicant has children or intends to have children
- Applicant's marital status
- Applicant's race
- Applicant's religion
- Applicant's age (other than inquiring whether over age of 18)
- Whether applicant has a disability
- Applicant's citizenship status
- Questions about whether the applicant has ever had a drug or alcohol problem
An applicant may raise questions related to these areas during a job interview. If so, the employer may discuss these topics to the extent necessary to answer the applicant's questions.
Hiring Process
Whenever an employer seeks to hire a new employee, the employer should take a number of steps before that new employee begins work:
- Obtain the employee's Social Security number or IRS Individual Taxpayer Identification Number (ITIN)
- Have the employee fill out a W-4 form for income tax withholding
- Ensure that Occupational Safety & Health Administration (OSHA) regulations are being followed
- Arrange to pay relevant federal and state unemployment compensation taxes
- Arrange to pay Social Security and Medicare taxes for the employee
- Ensure that workers' compensation insurance covers the new employee
- Ensure that required labor notices are posted in the workplace as required by the Department of Labor (DOL)
- Assist new employee with registration for employee benefits
When an employer hires a new employee, the employer should be careful to avoid making promises to the employee that it may not be able to keep. Such false statements or promises on behalf of the employer may result in breach of contract. An employer should be careful not to exaggerate the security of the job or the prospects of the business. A promise that stock options will be worth a given amount, that the employee has a job for life or that employee will receive significant pay increases may result in an implied contract. If these promises are not kept, the employer may be responsible to the employee for damages the employee incurred in relying on the employer's promise.
Conclusion
An employer must be careful not to discriminate against an applicant on illegal grounds and must use caution in making promises to employees. If you have any questions about these issues, Cook Portune & Logothetis in Cincinnati, Ohio, can help.
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