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Are your agencies agents or independent contractors?

I was injured in a car accident in 2014, almost a year into medical treatment my doctor said I needed surgery to repair my injury. I was overwhelmed with medical bills and dealing with insurance companies when a mutual acquaintance referred Attorney Luke Abel to me. After my initial consultation I felt confident he could handle every detail and take the burden and worry out of my hands. Luke expedited my medical treatment and handled communications with all parties involved which allowed me to focus on my recovery. Each time I had a concern or question he would promptly respond and explain anything I did not understand.

I asked tons of questions and they took time to explain how things worked and why this option was better than that one. They fought hard to help us I would recommend them anytime. During a time of personal crisis, Ed Abel Law Firm was a God send for our family.

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Yes, because the termination of the agency was not communicated to Lumber Yard. This issue is discussed further in Chapter 15 “Liability of Principal and Agent; Termination of Agency”. Luke Abel at Abel Law firm represented my family when we were involved in independent contractor vs employee a car wreck. He was extremely professional, organized, transparent and empathetic. We chose to go with the Abel Law Firm after working with another firm for almost 2 years and getting no results. Luke and his team settled our case quickly and efficiently.

For those companies seeking to maintain this independent contractor designation, careful consideration of the factors discussed above should better their defense against potential challenges to this model. In Jammal, the insurer raised some of these consequences in a third motion to decertify the class of plaintiff agents. For example, some agents might be concerned about potentially having to refile tax returns and potentially pay back deductions for self-employed and business expenses. Oklahomans across the state have recognized the Abel Law Firm’s unique heritage as a statewide institution.

Employee benefits

The settlement for the case was some $4.5 million, though much of the settlement funds went towards legal costs. The amount received by each real estate agent party to the class action was minimal. Not every contract for services necessarily creates a master-servant relationship. There is an important distinction made between the status of a servant and that of an independent contractorA person who is hired to accomplish a result but is not subject to specific control by the one hiring.. A plumber salaried to a building contractor is an employee and agent of the contractor.

There are, however, a few situations in which the capacity of the agent is important. Thus a mentally incompetent agent cannot bind a principal. The existence of agents does not, however, require a whole new law of torts or contracts. A tort is no less harmful when committed by an agent; a contract is no less binding when negotiated by an agent. What does need to be taken into account, though, is the manner in which an agent acts on behalf of his principal and toward a third party.

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The difference is that in Hoover, the court does not find an agency relationship. The court looks at the ability to control the day-to-day operations of a gas station and does not find the requisite level of control to establish agency. At most, this is a good segway into the reality of agency cases involving independent contractors.

Our tax expert elaborates on how self-employed workers may qualify for a mileage deduction. Most agencies are made by contract, but agency also may arise impliedly or apparently. Fill out the contact form below and a lawyer will https://www.bookstime.com/ contact you to discuss your case. Dacia is so sweet, caring and understanding, I trusted her with the process and she delivered! Luke has been great from day 1 very courteous and responds very quickly to all questions.

Our representative, Kelly Bishop, advised us about everything we needed to know and educated us on how the process worked. He kept us informed every step of the way so we always knew where we were and how many steps were left. If something deviated from what we had been originally told, we got a call/email explaining what the delay was and how long it would take to complete. Although we live about 150 miles away from Oklahoma City, we were able to do everything via email.

While independent contractors do not receive traditional common law employee benefits, the flexibility allowed in an independent contractor position is a benefit in and of itself. You could also get sued by your workers for employee misclassification. Many of these take the form of class action lawsuits in which plaintiffs’ lawyers represent tens, hundreds, or even thousands of similarly situated workers. The plaintiffs in these cases seek payment for unpaid wages or employee benefits, such as minimum wages, overtime pay, sick leave, health benefits, and vacation pay. In the Bararsani v. Coldwell Banker case, there was a class action lawsuit accusing Coldwell Banker of classifying their real estate agents as independent contractors, while treating them as employees. The company was proven to have significant control over the work of their real estate agents, including designating where and when agents would work.

Independent Contractor vs. Employee

One way of thinking of an independent contractor is that she has her own business that services the employer as a client or customer. The employer does not directly control the manner and method by which an independent contractor carries out her duties. Also, an independent contractor generally has more than one customer or client. As such, the independent contractor is only a limited or special agent of the principal-employer. The reason we point out these three cases in particular is to illustrate the discussion of the differences between agents and independent contractors and how the analysis has evolved.