If you’ve been misclassified as an independent contractor at work, you need to get in touch with a Boston employment & labor lawyer right away. Employers who purposely or accidentally misclassify you in their system can make you responsible for unforgiving expenses when tax season comes around.
What’s more, your employment misclassification may be the first red flag indicating employee mistreatment at your workplace. Unfortunately, some employers can purposefully misclassify employees to avoid taking responsibility for those employees’ well-being.
If you need help challenging an employment misclassification, don’t go it alone. You can work with our staff to get your employment status in order – or take legal action against an employer who won’t appropriately recognize your role.
What Are the Downsides of an Employment Misclassification?
At first, you might not think that a misclassification as an independent contractor is worth worrying about. In reality, you need to challenge employment misclassifications as soon as you can after you discover them. If you don’t challenge an employment misclassification, you may find yourself:
- Responsible for paying all of your own Social Security and Medicare taxes
- Ineligible for unemployment benefits
- Ineligible for workers’ compensation
- Lacking rights afforded to employees, including the right to minimum wages, overtime pay, breaks, sick days, and PTO
- Ineligible for national programs like Obamacare
Unfortunately, some employers purposefully misclassify their employees in an effort to save money or avoid taking on liability for employee accidents. If you suspect foul play when discovering your employment misclassification, don’t try to take your employer on alone. We encourage you to work with an employment & labor attorney instead.
For a free legal consultation, call (860) 999-9394
How to Fix an Employment Misclassification
You can take steps to fix an employment misclassification. Again, we recommend doing so sooner rather than later so you’re not surprised by an onslaught of fees when tax season comes around.
If you want to get your employment record back on track, you can:
Schedule a Consultation With an Employment Lawyer
Do not try to approach your employer without representation. Employers who’ve already misclassified you may use underhanded tactics to deny you support or lie about your status within a company. You need an attorney on hand to take notes and outline your right to appropriate classification in conversations with an employer.
Moreover, our team can pull you out of conversations with an employer if it becomes clear your employer intends to continue acting in bad faith. We can then discuss your right to sue your employer.
Your first case consultation with our experienced employment & labor attorneys in Boston comes free of charge. If you suspect an employer may have purposefully misclassified you as an independent contractor, get in touch with our staff. We can get your employment status straightened out and put money in your hands.
Have a Conversation With Your Employer
Once you have an attorney on staff, it’s time to arrange a conversation with your attorney. You can schedule that conversation over the phone or by email, but make sure you have a record of your meeting request. You can use that record later if you need to argue that you broached the subject of your employment in court.
Again, we recommend having an attorney with you when you meet with your employer. An attorney’s presence does not escalate the situation. It protects you from bad faith attempts to minimize your concerns or continue denying you employment benefits.
During your conversation with your employer, outline your findings. Make it clear that, based on your job description and hours, you deserve recognition as an employee. You can even bring forward evidence indicating when an employer may have altered your employment status from that of an employee to an independent contractor.
Contact the IRS
We want your meeting with your employer to go well. Ideally, you’ll walk away from a consultation with your employment status restored. However, there’s a good chance that your employer may try to wave away your concerns or even fight back against the accusations you make against them.
If you don’t get your employment status restored after a meeting, it’s time to contact the IRS. The IRS and its representatives can determine your employment status based on your previous tax records, particularly your IRS Form SS-8.
You can have an attorney with you throughout your conversation with the IRS. We can help you answer any questions about your job, how your employer treats you, and the responsibilities expected of you.
Employers Cannot Retaliate Against You for Asking Questions About Your Employment Classification
Unfortunately, some employers take conversations about your right to be recognized as a full employee badly. While retaliation is illegal, an employer may still attempt to fire you for questioning your employment status.
If you’ve been misclassified as an independent contractor and fired for asking questions, get in touch with an attorney as soon as you can. We can kick off an investigation into your employer’s behavior and work to see them charged with retaliation and employee mistreatment.
Our pursuit of justice in your name can see you awarded unemployment insurance alongside any back pay you deserve. You may also receive support based on your denied benefits or losses sustained due to your employer’s fraudulent behavior.
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Let’s Work Together to Get the Compensation You Deserve Today
You don’t have to let a supervisor get away with misclassifying your employment status. If you let that misclassification slide, you may find yourself having to pay out the nose when tax season comes around. Moreover, employers can use a misclassification to get away with offering you less support than you deserve.
It’s time you hold an employer accountable for your employment misclassification. Get in touch with Duddy, Goodwin & Pollard to discuss your right to action today. Your first case consultation with our team comes free of charge.
Call or text (860) 999-9394 or complete a Free Case Evaluation form