Employee vs. Independent Contractor in Tampa Sexual Harassment Cases: What is the Difference?
When it comes to sexual harassment cases in Tampa, one of the first questions that often arises is whether the person experiencing harassment is legally considered an employee or an independent contractor. But why does this distinction matter? The truth of the matter is that it is important because it affects what legal rights and protections apply in Tampa. Understanding the difference can help sexual harassment victims know their options and take the right steps toward justice. Here we explain the difference between an independent contractor and an employee when it comes to workplace sexual harassment laws in Florida, and where to turn for legal help in Tampa.
Employee vs. Independent Contractor: The Basics
At the outset, in simple terms, employees and independent contractors are treated differently under the law. Employees usually work directly for a company, follow its rules and schedule, and receive benefits like health insurance or paid time off. Independent contractors, on the other hand, are self-employed. They set their own hours, control how they do their work, and are responsible for their own taxes and insurance. For example, a full-time receptionist at a law firm would likely be an employee, while a freelance web designer with their own company hired on Craigslist to build the firm’s website would likely be an independent contractor.
This distinction is critical in sexual harassment cases because employment laws like Title VII of the Civil Rights Act and the Florida Civil Rights Act typically protect only employees, and not independent contractors. These laws make it illegal for employers to harass or allow harassment in the workplace. If someone is legally an employee, they can file a claim with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). The employer can be held responsible for harassment committed by supervisors, coworkers, or even clients if the company fails to take proper action.
Determining Whether You are an Independent Contractor or an Employee
In Tampa, under case law, courts look at several factors to determine whether someone is an employee or contractor. They may consider who controls the work, whether the person is paid by the hour or by the project, if they use their own tools, and how permanent the relationship is. If a worker is closely supervised, required to follow strict company policies, and works full-time for one business, they may actually be an employee, even if their contract says otherwise. For victims of sexual harassment in Tampa, this distinction can have a major impact on the type of claim they can file and the remedies available. That is why it is important to talk to an experienced Tampa sexual harassment lawyer who understands how these classifications work. An experienced Tampa sexual harassment lawyer can review the details of your specific case, determine your employment status, and help you pursue the best course of action for your case.
Finding Legal Help in Tampa: Tampa Sexual Harassment Lawyer
If you are facing sexual harassment in Tampa, do not let confusion over whether you are an employee or an independent contractor stop you from seeking help. Discuss your case with an experienced Tampa sexual harassment lawyer and learn more about your rights, options, and next steps in your case.
If you need legal help in the Tampa area, contact the experienced Tampa sexual harassment lawyers at the law firm Florin Gray. Contact Florin Gray today and speak with a lawyer now.
