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Independent Contractor Classification

Independent Contractor Classification

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Independent Contractor Classification

Make sure you are classified and compensated correctly with help from our experienced employment attorneys.

Independent contractor status is supposed to provide advantages for both workers and the companies that hire them. Workers get the freedom and flexibility that comes with being their own boss, while companies are excused from the need to provide certain benefits normally owed to employees, such as:

  • Vacation pay
  • Sick pay
  • Overtime pay
  • Health insurance

However, when companies misclassify regular employees as independent contractors, the relationship becomes very one-sided. The workers are subject to all the restrictions and control that apply to employees, with none of the benefits they deserve under relevant employment laws.

If you suspect that your boss has misclassified you as an independent contractor—accidentally or deliberately—it’s time to call an experienced employment attorney to straighten them out.

We Help You Fight for Correct Classification and Fair Treatment

At The Law Offices of Larry H. Parker, we collaborate with the highly successful employment law firm of Perona, Langer, Beck, Serbin, and Harrison to provide superior quality representation to misclassified workers. We can help you evaluate your current employer/contractor relationship to determine whether or not independent contractor status is appropriate. If it is not appropriate, we will help you take legal action against your employer and receive:

  • Correct classification as an employee
  • Back pay for overtime, sick time, vacation time, etc.
  • Compensation for wrongfully denied healthcare benefits
  • Other damages

How to Tell If You Have Been Misclassified

In order to determine if you have been misclassified as an independent contractor, we will look at the three categories the IRS uses to evaluate employment status:

Behavioral control: The more control a company exerts over a worker’s behavior, the more likely they are to be considered an employee. Employees are provided detailed instruction and training and evaluated on how their work is performed, not just the finished product. You have a strong case for employee classification if you have been told:

  • When and where to work
  • What tools to use
  • Which other workers should be hired
  • Where supplies are purchased and serviced
  • Who should do specific work
  • How to do the work

Financial control: Do you own any of the tools and equipment you use to do your job? Are you expected to cover work expenses out of your own pocket, without reimbursement? Do you risk losing money on your work projects? If you answered yes, this is indicative of the financial freedom that comes with independent contractor status.

Business relationship: Just because a contract states that you are an independent contractor doesn’t necessarily make it true. A better indicator is your working relationship. If your services have been retained indefinitely rather than engaged for a specific project or timeframe, it is likely you are actually deserving of employee status.

Call Now to Learn More

If you have doubts as to your employment classification, we encourage you to reach out to us at 800-333-0000. We can provide a free, no-obligation consultation to help you understand your rights under the law as well as the benefits of taking legal action with our help. Since we work on a contingency fee basis, you only have to pay our legal fees when we win your case. There is nothing to lose—and potentially a lot to gain—by calling us today.

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