Good afternoon Upworkers,
Has anyone had experience with changing classification from employee status through iWorkGlobal to independent contractor status?
A few months ago, I accepted a contract with an Enterprise Client. The contract went well and I accepted a second contract with the same company. Both contracts are completed, and I received a third offer from the same Enterprise client. However, I now have an EIN and my own LLC. I would prefer not to be classified as an employee for this reason.
As a lawyer, I did all the research I could but I can't find anything in my contracts, in the Upwork User Agreement or in my iWorkGlobal contracts that prohibit my change of classification. Despite this, a compliance specialist has told me that it is not possible (even if I offboard from the other two projects).
Does anyone have experience with this? Would the situation change if I took a separate Enterprise client (other than the one I had previous contracts with)?
U.S. law governs whether someone is an employee or an independent contractor. As a starting point, you would have to convince compliance that your job duties and status meet the applicable standard provided by the IRS. It is entirely possible that the enterprise client does not want to take on the potential liability of misclassification and will thus refuse to work with you if you change your classification.
Sorry about the delayed response, Alexandria. We have followed up with the team that's assisting you with the contract and they'll provide further clarifications.
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