There is no question that independence provides great personal and professional satisfaction. However, in times of managed care and streamlining across the board, many independents find themselves the victims of less work and smaller fees and nowhere to turn. Often a close look at how some so-called independents provide service may reveal that they are actually employees and have more rights than they realize, especially the right to unionize and to negotiate for themselves. As for the many local, state and federal legal and tax implication issues, independence versus employment does matter. The burdens do shift around and in either case compliance is critical.
All independents know that professional tax advice is necessary.
Also, the employer usually assumes the greater expense of tax and other legal obligations by the very nature of their role. As with all issues there are no quick fixes, but almost without exception employees, unionized or not, as well as independents, do have rights. In either case, information is important along with options. The writer of this article is not dispensing legal advice, and readers are advised to seek specific advice, legal or strategic, as the situation might warrant. Jack Ahern is an independent employment consultant who has served as advisor to the New York chapter of APTA for more than 20 years.