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Class Action For Being Misclassified As Independent Contractor (IC)

If your employer has been misclassifying employees as independent contractors, this may be happening for a long time and to multiple employees. Your employer may be evading tax, among other things, to save on costs.

The law is clear on the misclassification of employees as ICs. When employers violate these laws, they can’t defend themselves against class action lawsuits.

For a successful lawsuit, employees affected can look for class action attorneys in Los Angeles to help get damages.

 

Why You Need To File A Class Action Lawsuit

An employee should not be treated as an independent contractor. When this happens, the employer may face significant penalties and fines.

As an employee, many laws become relevant to you, such as workers’ compensation laws, tax issues, among others, that the IRS uses to test whether you are an employee in case of any dispute.

If your employer has misclassified you as an IC, the below may be happening:

  • You may not be receiving any employment benefits.
  • Your employer fails to pay for your Medicare taxes or Social Security
  • Not receiving any employment benefits such as overtime pay, rest breaks, vacation pay, etc.

If the above has been happening, your employer may have saved a lot on costs. Most of such employers understand that they are violating the law and are supposed to treat you otherwise. Unfortunately, when an employee raises a complaint about misclassification, some employers are quick to take adverse employment action. This makes some employees step back from such actions.

While some employees don’t take any action, there is a way to seek legal help if you think your employer treats you in such a manner. One best way is filing a class-action lawsuit.

Most of the class action lawsuits collect top dollar payments such as high-six figures. Meaning chances are that if you have a valid claim and can prove you have a similar injury with other employees, you stand a chance to win too.

If you have been misclassified as an IC, you have a right to initiate a lawsuit against your employer. It makes sense to file a class-action lawsuit together with the employees who have been misclassified.

Before contemplating on filing such a claim, you can consider the below:

  • Talk to your employer and request a review of your classification.Here you need to explain why you think you have been misclassified as an IC. Your employer should have a clearer explanation of the reason why you have been classified as such.
  • Talk to IRS. If the talk between you and your employer is not fruitful, you can contact IRS, who can determine your employment situation and advise accordingly. You do this by filing a form describing your nature of work. Once it’s clear you have been misclassified, you can go ahead to take legal action.

There are many ways to confirm your misclassification. If this has affected a large group of employees, it gives you a chance to have a certified class action. That way, you can look for a class action law to help you enforce your rights according to California employment laws.

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At CounselOne, we believe that our clients deserve nothing less than the most aggressive, solution-oriented representation. Our experienced and expert employment law attorney California ensure that your case will always be in good hands.