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 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, please call GrahamHollis APC at 888-727-0328 or contact us by email. 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.
For How Much Can You Sue An Employer For Misclassification?
It depends on the individual case. For example, does your case involve unpaid overtime? If your case does involve unpaid overtime, should you have been paid 1.5 times your regular rate of pay for all overtime hours, or does any of the time involve hours for which you should have received double your regular rate of pay? Also, does your case involve missed meal and rest breaks? And how long did any of these violations go on? — All of these factors must be considered when determining how much you should receive through an employment lawsuit. For answers to your specific questions, please contact GrahamHollis APC today. Our employment law attorneys represent clients throughout California.
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 888-727-0328 or send us an email describing your situation. Our team of skilled and dedicated attorneys is proud to represent workers throughout California.