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Is employee and 1099 the same? Because almost every 1099 contractor is restricted in the ways listed. For example, I was doing work for a Digital Marketing co
by ijidak 7y ago
Is employee and 1099 the same?
Because almost every 1099 contractor is restricted in the ways listed.
For example, I was doing work for a Digital Marketing company as a software developer.
I could not:
1. Take their clients
2. I had to accept their rate or just decide to not work with them
3. I accepted their terms and conditions for jobs allocated to me from them
#2 and #3 seem to be more of an issue of negotiating power, rather than reflecting whether or not I am self employed.
And #1 seems to be up to interpretation of "what is a client?"
If I drive for Uber, Lyft, and whoever else wants my services, am I not building my clientele?
Couldn't I also moonlight by offering direct driving services to other clients I source on my own?
In the ride-sharing case, my clients just happen to be large publicly-traded transportation networks that I sell my services to.
In my case with that digital marketing company, I was not restricted from developing for other companies simultaneously.
This is where some laws confuse me. They seem open to the interpretation of the day. But perhaps that's the best that lawmakers can do...
- e40 7y ago> If I drive for Uber, Lyft, and whoever else wants my services, am I not building my clientele? I seriously doubt you, as a driver for Uber or Lyft, could legally make deals to drive people you find via your work for those companies, outside being assigned with the apps for those companies. Anyone know what the contract with Uber/Lyft says?
- sixstringtheory 7y agoI came here to ask that very question. The only thing I could find on Uber's website is this: > Requesting a specific driver > The Uber app cannot match you with a specific driver. > When you request a ride, your app sends your request to nearby drivers to pick you up at your pickup location. https://help.uber.com/riders/article/requesting-a-specific-driver?nodeId=1aaf0913-484f-4695-9042-e61fc7613f24 https://help.uber.com/riders/article/requesting-a-specific-d...
- e40 7y agoThe issue isn't requesting a specific driver, the issue is a driver making a deal outside the app with passengers. I seriously doubt drivers are allowed to make side deals with passengers.
- danboarder 7y agoThis seems unenforceable, I don't see how they could stop anyone from doing this if someone wanted to. And I know drivers who do exactly this - they take people to the airport outside the app because they got to know them.
- valzam 7y agoI mean before we had uber your exact case was often debated for the same reasons: Should agencies not have to employ you if you are solely dependent on them?
- smileysteve 7y agoMis-classification of employees is very common in the U.S. for tech, if you work on a company laptop and work a full time schedule for 1 client, you're likely mis classified. Similarly, many nannies and cleaners are mis classified.