Both you and the firm you work for benefit from being designated as an independent contractor. You have more freedom and flexibility, and the employer is relieved of some of the perks that a full-time employee would receive, such as overtime compensation, vacation money, sick pay, and health insurance.
When a firm labels an employee as an independent contractor, however, the scales are shifted in favor of the employer. The employee has all of the constraints that an employee would have, but they are not entitled to the protections of employment laws. If you suspect your employer misclassified you as an independent contractor when you are actually an employee, we strongly advise you to speak with an employment lawyer immediately away. For a free legal consultation, call The Law Offices of Larry H. Parker at 562-222-0146.
We will work hard to ensure that you are accurately categorized
When you deal with us, we join with another local employment law company that provides excellent counsel to misclassified workers. We’ll start by looking at your existing employment situation, whether you’re an employee or a contractor. We’ll then check to see if the status you’re now assigned is correct. If it isn’t, we can work with you to pursue legal action.
Some of the things you may expect include being categorized appropriately as an employee, receiving back pay for vacation, sick leave, and overtime, among other things. If you were wrongfully refused health insurance or suffered other losses, we can help you get your money back.
Find out how we’ll know if you’ve been misclassified
The first step will be to review the three criteria used by the IRS to determine a person’s employment status. The first is the ability to control one’s actions. The more the company’s influence over an employee’s behavior, the more likely the relationship will be one of employee and employer. There is a strong justification for employee categorization if a person is given extensive training and instructions on the evaluation of their job, not simply the product they turn in.
The second aspect is financial management. Are the tools and equipment you employ to do your work yours? Do you pay for work-related costs without expecting to be reimbursed? Is there a chance that you’ll lose money on your projects? If you answered yes to any of these questions, you are most likely a freelancer.
Then there’s the commercial relationship. Just because your contract says you’re a contractor doesn’t mean you actually are. You may be an employee if you have been hired indefinitely by a firm for a specified schedule or project.
The best approach to figure out if you’re an employee or not is to speak with an attorney who can examine your situation and provide you with answers. For a free legal consultation, contact The Law Offices of Larry H. Parker at 562-222-0146.