Can the boss make me an independent contractor?

I have worked for a small private company for the last 10 years. My boss now wants to transfer me to another company, not related to his, to be an independent contractor. He expects me to perform the same duties and to still work at his place, but I will have to be paid by another company as an independent contractor without benefits. Is this legal or should I contact a lawyer about it? Thank you.

Posted  12-08-2010

Ann Kiernan replies:

Sure sounds to me like an attempt to evade state and federal laws on payroll taxes, workers’ compensation, and unemployment insurance. If you do not know a local employment lawyer to consult, you could contact your county or state bar association for a referral, or look up your state chapter of the National Employment Lawyers Association at

Good luck.


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About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.