Office Space (1999): Lessons for Avoiding Independent Contractor Misclassification

Office Space poster - independent contractor or employeeIf you haven’t seen Office Space in a few years, it’s time to refresh. The workers in the movie are all employees, but what if they weren’t?

Here are five signs that the Initech cubicle dwellers and others in the movie wouldn’t pass as independent contractors.

If you’ve never watched the movie, then this post might not be for you. There are no spoilers here, so feel free to read on anyway if you like. Then go watch.

Milton’s stapler. He really loves that red Swingline. Use of the company’s equipment is a sign you’re an employee, not an independent contractor.

Joanna’s flair. When the boss says you’ve got to wear at least 15 pieces of flair, that’s the sort of control indicative of an employment relationship.

Lumbergh’s 17 answering machine messages.  He’s trying very hard to direct Peter’s work. Direction and supervision are signs of control.

Peter’s frustrations, as told to the Bobs. Peter has to answer to seven layers of management? That’s seven layers too much supervision for an independent contractor. Contractors should be in business for themselves.

Storage Unit 2.  When Milton is directed to address the cockroach problem in Storage Unit 2, he knows that’s not in his job description. If management can assign additional duties, the worker is likely an employee, not a contractor.


© 2018 Todd Lebowitz, posted on, Exploring Issues of Independent Contractor Misclassification and Joint Employment. All rights reserved.

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