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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.

When used correctly, independent contractor status is beneficial to both workers and employers. Workers get to manage their own time and resources without constant oversight from a boss, while companies are freed from some of the obligations owed to workers with employee status. For example, companies do not have to provide:

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

However, when employees are mislabeled as independent contractors, only the employer is happy. The employee is denied the pay and benefits they should be entitled to.

If you believe that your employment status is incorrect and unfair, you need to contact an experienced employment law attorney.

We Help You Fight for Correct Classification and Fair Treatment

Thanks to our alliance with the highly successful employment law firm of Perona, Langer, Beck, Serbin and Harrison, we are able to provide top-quality advice and representation to individuals embroiled in employee classification disputes. After carefully considering the facts in your case, we’ll determine whether or not you have grounds for legal action. Through legal action, you can 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

The following three categories will need to be considered when evaluating your employment status:

Behavioral control: Companies do not exert much behavioral control over independent contractors. If your work is being micromanaged, it is highly likely you should be considered an employee. Employees are usually 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: Independent contractors enjoy significant financial freedom, typically owning their own tools and equipment and covering their own expenses. If all your tools and materials are provided by your employer, chances are you should be considered an employee.

Business relationship: When companies hire a contractor, they typically retain them for a specific project or time period. An indefinite business relationship is more indicative of an employer/employee relationship.

Call Now to Learn More

To learn more about the law on independent contractor classification as it applies to your case, please contact The Law Offices of Larry H. Parker at 800-333-0000 or submit your case online. We’ll be happy to answer your questions during a free initial consultation.

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