Misclassified as Independent Contractor

Independent? Or Not Independent?

Misclassified as Independent ContractorSigning on as an independent contractor seemed like a good idea for a bevy of reasons.  Independence on the job.  Flexibility of schedule.  Freedom to choose your own hours, to work for more than one company at a time, and to have more control over your income.

Once you take the job, your expectations of freedom are disappointed.  You’re being micromanaged every step of the way.  You’re finding that your freedom to take other jobs is being restricted by this current engagement.  You don’t feel independent, but rather like an employee, without the benefits of being classified as an employee.

When a company illegally misclassifies you as an independent contractor, they stand to profit.  They avoid paying employer taxes, overtime, minimum wage, and health insurance.  In addition, they can deny you family or medical leave.  If you are an employee in all but name, you may be entitled to employee benefits and compensation.  Even if you have signed a contract, you cannot sign away certain rights under California law.

California recently passed legislation that applies further penalties to any employer who engages in willful misclassification.  Depending on the circumstances, the penalties range from $5000 to $25,000 for each violation, payable to the state.

If you feel you’ve been illegally misclassified as an independent contractor, contact the employment lawyers at CounselOne today for a free consultation.

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