Misclassification Claims: Are You Really an Independent Contractor?
Many workers may think that their job as an independent contractor allows them to work on their own terms. However, the reality is that some companies misclassify employees as independent contractors to avoid providing benefits and legal protections. This can leave workers without the rights they are entitled to under state and federal law. If you are classified as an independent contractor, it is crucial to understand if that label is accurate and if you may have a valid misclassification claim.
We at Hodges & Foty, LLP have over 40 years of combined experience handling complex employment matters, including misclassification claims. Our firm has helped many workers recover the benefits and protections they deserve after being wrongfully labeled as independent contractors. Misclassification may deny you essential rights, and we are here to help you navigate this complex issue – reach out to us by calling (713) 523-0001 today for your free consultation.
Signs You Are Not an Independent Contractor
If you suspect you have been misclassified as an independent contractor, there are a few litmus tests you can use to determine the truth. If the following statements are true about your work situation, you would be more accurately classified as an employee:
- You do not send invoices or bills to your employer
- You received training from the employer
- Employer determines your job’s details, rather than you making your own choices about work; examples include employers picking your schedule, how you complete work, where you work, or what happens if you do not provide the desired results
- Ongoing employment terms, such as those that do not come with correctly renewed contracts
- You use employer-provided materials
- Working for other companies is not allowed
- You are performing the same work as employees
- You are supervised, as opposed to working independently
- Paid hourly or by salary rather than per project
For assistance holding your employer accountable for their unlawful behavior, please reach out to Hodges & Foty, LLP. We can help you identify additional signs and pieces of evidence that can help build a strong case in your favor.
Why Do Employers Misclassify Workers?
There are several reasons why an employer might attempt to misclassify a worker illegally, most of which generally benefit the company’s profits and monetary interests. Your employer may call you an independent contractor because they have fewer responsibilities and obligations toward non-employees.
Employers do not legally owe their independent contractors medical insurance, a 401k, or the service of putting aside money for taxes before sending over your check. Issuing a 1099 instead of a W-2 or other correct tax forms can be a company’s way of sneaking in extra savings unlawfully.
Who Should You Hire an Attorney for Your Misclassification Claim?
If you are worried about taking legal action against your employer and obtaining the protections and payments you deserve, we strongly encourage you to work with an attorney. A lawyer from Hodges & Foty, LLP can help in many ways, including completing tasks on your behalf, leveling the playing field against other legal representatives, and maximizing your settlement. During any legal claims, whenever possible, we urge you to retain adequate legal support.
No matter your background or legal experience, fighting a misclassification claim against an employer can be difficult. Businesses are more likely to have the funds to hire an attorney, which means employees can feel like they are fighting against someone with an unfair advantage. However, an attorney from Hodges & Foty, LLP can help provide protection, guidance, and personalized recommendations.
How Can Hodges & Foty, LLP Help with Your Misclassification Claim?
Misclassification can severely impact workers, depriving them of essential rights and protections. At Hodges & Foty, LLP, we understand the challenges of proving misclassification and fighting for your rights. With over 40 years of combined experience, our attorneys have successfully handled numerous cases involving employee misclassification, helping workers secure the benefits they deserve.
We are dedicated to helping you navigate the complexities of your claim, from gathering evidence to holding your employer accountable. Our firm has a track record of excellence and is ready to stand by your side. If you believe you have been misclassified as an independent contractor, contact Hodges & Foty, LLP today. Reach us for your free consultation by phone at (713) 523-0001 or through our contact form.
