If you have been working for a company or individual and feel that you are more of an employee than the contractor you have been classified as, then you may have legal recourse. Keep reading to find out more about how labor law identifies the difference between an employee and contractor and what to do if this has happened to you.
Independent Contractor Status Should Have Benefits for Both Sides
There are advantages to both workers and employees when an employee is correctly classified as a contractor. The worker has the freedom and flexibility they want from not being an employee and the company gets financial benefits. For example, they do not have to provide contractors with benefits such as vacation pay, health insurance, sick pay, and overtime pay.
On the other hand, if you have been classified as an independent contractor when you would be more appropriately classified as an employee, then you will have to deal with all the control and restrictions that an employer gives, but without the benefits you get from employment laws.
We Can Help if You Have Been Misclassified
At The Law Offices of Larry H. Parker we take inaccurate independent contractor classification very seriously. For this reason, we have teamed up with a top employment law firm who can offer exceptional service. We will begin by evaluating your current relationship to make a determination if you have been misclassified. If we determine that you have been, then there are a number of legal actions that can be taken.
We will begin by working to have you correctly classified as an employee. We will then fight for back pay for any overtime, vacation time, or sick time you should have been eligible for. We will also fight for any healthcare benefits you did not have access to as well as any other damages.
Signs You Have Been Misclassified as a Contractor
The IRS uses three categories to determine if a person is an employee or a contractor. First, if you have been told when and were to work, then you are more likely an employee. Employees are very often given detailed instructions as well as training on exactly how the work should be performed – not just the finished product. Second, if you have been given or reimbursed for the tools and equipment you use in your job, and you are not at risk of losing money on projects, then you may be better classified as an employee.
Finally, if you are working for a person or company indefinitely, instead of for a specific project or a specific amount of time, then you may be more accurately classified as an employee. If this makes you believe that you may have been misclassified then we welcome your call to The Law Offices of Larry H. Parker at 800-333-0000.