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I was hired away from a company with the offer of a salary increase and higher commissions to publish a magazine. They sent out a press release saying they hired me. I was working out of my home. After 7 month he changed me to contractor. I've been working for him for six years. I was paid my salary and commission for 3 years after being made a contractor. When the economy took a downward turn he let some people go. The owner started having me typeset ads for the magazine and in other markets that weren't my magazine. He started calling me 6-7 times per day to be sure I was making sales appointments to promote his website. He insisted on going on all these calls with me. He started asking me to post news on his website. He asked me to post jobs on his website. I performed my services in his name. I have never had a contracting business to this day. Does anyone know what constitues "direction and control"? He seems to think it's only asking me to work certain hours. I think him asking me to do all these extra duties and going on sales calls is direction and control. I have never had a written contract. Lately I would put out a magazine and work all month and would not be paid at all. After he got behind 4 months he said he sold the company and he's now the COO getting $120,000 per year and he was giving me some stock. It's restricted and can't be sold. Now he's trying to tell me that the stock is in lieu of those wages even though that was never discussed or agree to. My contract seems to be to do whatever he says and accept whatever payment he chooses to give me.


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