Being classified as an independent contractor has advantages for both you and the company you’re working with. You get freedom and flexibility, while the company doesn’t have to provide some of the benefits a full-time employee would likely get, such as overtime pay, vacation pay, sick pay, and health insurance.
That said, when a company classifies an employee as an independent contractor, then the balance is tipped toward the employer. The employee has all the restrictions that they would have if they were an employee, yet they don’t get the benefits of employment laws. If you believe that your employer may have misclassified you as an independent contractor when you are actually an employee, then we recommend you contact an attorney experienced in employment law right away. You can reach The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
We will work for you to be correctly classified
When you work with us, we collaborate with another local employment law firm that offers exceptional representation to workers who have been misclassified. We will begin by looking at your current relationship with your employer either as an employee or contractor. We’ll then determine if the status you are currently classified with is accurate. If it isn’t, then we can work to take legal action on your behalf.
Some of what you could expect is being correctly classified as an employee, back pay you should have received for vacation, sick time, overtime, etc. If you were wrongly denied health insurance or have incurred other damages then we can work to recover them for you.
Learn how we will tell if you’ve been misclassified
The first thing we will do is look at the three categories the IRS uses to decide what a person’s employment status is. The first is behavioral control. The more control a company has over the way an employee behaves, the more likely that relationship is to be an employee / employer situation. If a worker is provided with detailed training and instructions on the evaluation of their work, not just the product they turn in, then there is a strong case for employee classification.
Second is financial control. Are you the owner of the tools and equipment you use to complete your job? Do you pay for work expenses without being reimbursed? Is it a possibility that you could lose money on your projects? If you said yes to any of these questions then you are likely an independent contractor.
Finally, there’s business relationship. Just because your contract may state that you’re a contractor doesn’t make it true. If you have been retained indefinitely by a company for a specific timeline or project, then you may be an employee.
The easiest way to get a better idea of whether you’re an employee or not is to contact an attorney who can look at your case and give you answers. Call The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
