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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.

Being a true independent contractor can be very advantageous for individuals who want the freedom to be their own boss. Using independent contractors is also beneficial for businesses, as they do not have to provide the following benefits to contractors:

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

These benefits can be costly, so it’s easy to see why some companies are tempted to mislabel their employees as independent contractors.

The best thing to do if you believe your position has been incorrectly classified is contact an experienced employment law attorney for help taking legal action against your employer.

We Help You Fight for Correct Classification and Fair Treatment

At The Law Offices of Larry H. Parker, we are ideally positioned to assist with independent contractor misclassification cases thanks to our alliance with highly successful employment law firm of Perona, Langer, Beck, Serbin and Harrison. Our attorneys know the law, and we can help you understand whether or not your current employer/contractor relationship is fair and accurate. If necessary, we can help you take legal action to secure:

  • 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

Whether you should be considered an independent contractor or an employee depends on:

Behavioral control: The amount of behavioral control exerted over a worker is a good indicator of what their employment status should be. Contractors are given considerable freedom and only evaluated on the work they deliver, not the way in which they do that work. Employees are subject to much more control and will be 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 have a financial stake in the work they do. They invest their own money in tools and equipment and often cover their own expenses without expecting to be reimbursed. Employees typically have everything provided for them.

Business relationship: If your services have been retained indefinitely, and if your employer owns your work, chances are you are an employee. Contractors typically have a shorter business relationship restricted to a specific project or time period.

Call Now to Learn More

For a free initial consultation with a qualified employment law attorney, please call us at 800-333-0000 or submit your case online. If your case has merit and you would like us to represent you, we’ll take your case on a contingency fee basis. You won’t owe us a dime until we win your case.

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