Employee Misclassification

If your employer misclassifies you as an independent contractor, you lose rights afforded by California employment laws that are designed to protect you as an employee. Your employer could be illegally denying you access to workers' compensation insurance, pension plans, employer-provided health insurance and other employment protections and benefits such as reimbursement for all business expenses. In addition, you may be forced to overpay payroll taxes if you are improperly paid your wages and you are issued an IRS Form 1099.

Likewise, if your employer "promotes" you to a managerial position, although your schedule and job duties remain basically the same, you may be misclassified and could be a victim of wage violations, including violations of your right to overtime pay.

If you know or suspect that your employer has misclassified you as an independent contractor or an exempt employee, contact an employment lawyer at GrahamHollis APC today. Our attorneys represent workers in San Diego and throughout California.

Why Do Employers Misclassify Employees?

Short answer: to save money. Employers throughout California try to cut their costs by illegally denying workers their right to meal breaks, rest breaks and overtime pay, as well as employer-provided benefits like insurance coverage and pensions. Employers also try to avoid tax and payroll obligations by misclassifying workers who should be classified as nonexempt employees.

Whether your employer's misclassification of you was intentional or not, you have a right to hold your employer accountable for the violation. We can help you do that — and we can help you get the full and fair compensation you deserve.

How Do I Know That I've Been Misclassified?

The employer-employee relationship might seem straightforward — you work, and your employer pays you for your time and effort — but this relationship is complicated in a legal sense.

In many cases, the employer-employee relationship is defined on the basis of how much control the employer has over the employee's work and behavior. If the employer tells you how to dress, how to behave and how to do your job, you are likely an employee and not an independent contractor.

If you were "promoted" to a managerial position or hired as a "manager," yet the majority of your job duties are similar to those of non-managerial employees, you may have been misclassified as an exempt or a salaried employee.

The surest way to determine whether you have been misclassified is to speak with one of our attorneys about your situation. We can assess your case, answer your questions and guide you on the best path forward.

Contact GrahamHollis APC Today

Our lawyers are ready to answer your questions and help you seek a positive resolution. To arrange a consultation, call us at 866-568-4521 or send us an email describing your situation. Our team of skilled and dedicated attorneys is proud to represent workers throughout California.