Home Improvement Contractor - Licensed Contractors
Exit interview a requirement of an independent contractor?
I am an independent contractor and have recently terminated my services with a particular agency because I was unhappy with the way the agency was treating me. As a contractor I understand my rights and limitations and that I am not elligible for the benefits an employee is, but the trade off is the freedom, independence and control I maintain over my own work. A recent agency for whom I provided services treated me an other contractors as employees. They required attendance at team meetings, supervised every step and process in completion of the work assigned, required regular work hours, etc. If I wanted to be an employee, I would be one, but I like the work I do as an independent contractor. I do not enjoy being treated as an employee and yet be cheated out of employee benefits. Anyway, I terminated mu contract. Now the agency is requiring I participate in an exit interview. I declined based on the busyness of my schedule, the fact that the office is located nearly 2 hours from where I am moving, and the discomfort I feel at being cornered by the agency owner who is somewhat of a bully and is upset that I am terminating my contract. My question is, I am not required to attend this interview as a contractor, correct? She stated in an email to me that I am in fact required and that my claim of my rights as treatment like a contractor only pertains to IRS laws. My understanding is that if you are treated like an employee then by law (according to the IRS) the agency is required to file you as an employee. She seems to believe she is above this law. My only concern is that if I do not go to this exit interview, she will sit on the payment she owes me. I would love some insight, guidance, advice whatever, and any legal statements to back it up so I can reference them to her and let her know that she is in violation of the federal IRS laws. Thanks!
Public Comments
- Independent contractors are not required to attend exit interviews unless the written contract between them and their client so specifies. From your description of the agencies boss and your concerns about getting paid tell her you will be happy to give her an exit interview -- as soon as you get paid. If it is inconvenient for you to attend an exit interview at the agencies office send her an e-mail offering to do the exit interview over the telephone. If she agrees record the interview (be sure that the first thing on the tape is you telling her that the interview is being recorded). The purpose is to put her on the defensive and prevent any verbal abuse. Good luck Jerry-the-bookkeeper
