jeudi 2 mai 2019

Contracts and Agreements: Can an Indemnification Clause Be Enforced when the Company Misclassified a Contractor

My question involves independent contractors in the state of: NJ

My contract says that:
Quote:

I will defend, indemnify and hold Company X harmless from and against any claim made upon Company X by any governmental agency or any of the persons employed or retained by me to preform services for Company X (a) to pay withholding taxes, provide any benefits or similar items; (b) resulting from me or any of such persons assigned by me to provide services being alleged or determined not to be an independent contractor as to Company X...
The question is that when it is determined that Company X misclassified me as an Independent Contractor when I, according to NJ case law and Federal law, that I am an employee, can the indemnification clause to pay the assessments by the IRS and the State (unemployment insurance and workman's comp) be enforced through the contract ? Or are they barred from doing so?


Contracts and Agreements: Can an Indemnification Clause Be Enforced when the Company Misclassified a Contractor

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