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What is My Status if the Three Part Test is Not Met Under the Independent Contractor Law?

If you are the person providing services and any part of the three part test is not met, then under the law you will be considered an employee.  The good news for you is that the risk and liability for this falls not on you, but on the employer.

As an employee, unlike a proper independent contractor, you are entitled to the protections of the law for employees, including protections against discrimination and wage and hour laws.

If you think you have been misclassified, you can ask your employer if they will re-classify you as an employee.  If you do this and are retaliated against for it, that too is unlawful under state law.  You also have the right to bring a legal claim, if you so choose, to recover any benefits or compensation you would have had as an employee.  It is a good idea to consult with an employment lawyer first to better understand your rights and your options.


Learn more here about the Massachusetts Independent Contractor Law.

Need Help With Independent Contractor Classification?

Call (781) 784-2322
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  • Home
  • About
    • Reviews
    • Slnlaw Offices
    • Blog
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Employment Law Solutions
  • Estate Planning
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs