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Independent Contractor Classification

Independent Contractor Classification

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Independent Contractor Classification

Don’t miss out on the benefits you deserve due to incorrect employment classification! We will fight for you.

Independent contractor status offers significant advantages for both employers and workers. The workers enjoy more job flexibility and freedom, while the employers are relieved of the burden of providing benefits like:

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

Unfortunately, sometimes companies call their employees independent contractors simply to avoid paying these benefits. Naturally this is very unfair to the employees, who do not enjoy any of the freedoms that should come with true independent contractor status.

If your employer has misclassified you as an independent contractor, you can turn to the experienced employment law attorneys at The Law Offices of Larry H. Parker for help taking appropriate legal action to correct the situation.

We Help You Fight for Correct Classification and Fair Treatment

Independent contractor classification is one of the more complicated areas of employment law, but our attorneys are more than equal to the challenge. We handle these cases in collaboration with the highly successful employment law firm of Perona, Langer, Beck, Serbin and Harrison so you can rest assured we have ample resources to dedicate to your case. We can help you evaluate your current employer/contractor relationship to determine whether or not independent contractor status is appropriate. If it is not appropriate, we will help you take legal action against your employer so 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

In order to figure out if you should be an employee or an independent contractor, we will consider the three factors the IRS uses to determine employment status:

Behavioral control: The more closely your employer monitors and controls your behavior, the more likely it is that you should be classified as an employee. Independent contractors, on the other hand, will not be told:

  • When and where to work
  • What tools to use
  • Which other workers should be hired
  • Where supplies must be purchased and serviced
  • Who should do specific work
  • How to do the work

Financial control: Independent contractors take more financial risk when working on a project. While an employee would have their tools and supplies paid for by the company, an independent contractor is expected to pay for these costs of doing business out of their own pocket.

Business relationship: Just because you see “contractor” written on an employment agreement does not necessarily mean you are one. We need to look at the business relationship you have with your employer. Contractors are usually hired for specific projects or time periods; employees are retained indefinitely.

Learn More During Your Free Consultation

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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