Can a company force it’s 1099 independent contractors to use it’s company email address ?
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Can a company force it’s 1099 independent contractors to use it’s company email address ?
I am a sales rep for a manufacturer. I am classified as 1099 independent
contractor. I pay self employment tax and run my own business. One of the
companies I represent is forcing me to use their company email address and says I
will be terminated if I do not use their email. This requirement is not in my
contact. I have an email I use for my sales agency that is well known and I would
like to continue to use my own email rather than theirs. What are my options ?
Asked on September 25, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, as a general matter, a company can require its 1099 contractors to use its company email address (or company-provided phone number, or mailing address/P.O. box): being an independent contractor does not make it illegal to use another's contact information, so it's up to the one hiring/paying you how they want contact done, and if you won't comply, they don't have to use you.
Exceptions to the above could be found in contracts, but it's not enough that the contract does not contain this term. The contract must also limit or prevent them from terminating the relationship for this reason or that this time (e.g. there must be some list of grounds for termination, of which this is not one; or the contract must be for some set or defined period which has not expired and also not allow termination simply on notice of pending termination). If they can't terminate you know for noncompliance in this regard, they would not have the ability to compel you to do this (though, of course, they could refuse to renew the contract when it comes up if you won't comply). Otherwise, if the contract does not prevent them from terminating you now for this reason, then it becomes your choice to comply or be terminated.
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