Every worker wants to know their status in the workplace, and as a result, this affects their performance, effectiveness, and loyalty to the company. Therefore, when an employee is misclassified, it also affects their rights with regard to their status in the company. In addition, misclassification has a direct impact on a worker’s wages. ‘It is correct to say that the label your employer uses for you has a big consequence for the employment relationship.’
It is important to note that when a worker is classified as a contract worker or an employee, there is a marked difference in the manner in which they work in an organization. An independent contractor is not entitled to the same rights and benefits as an employee. In addition, the employer can shift more of their costs on to an independent contractor.
One article states with regards to an independent contractor, “There’s nothing wrong with being an independent contractor. In fact, being an independent contractor comes with its own benefits; this includes having the freedom to set your own hours and terms and working for several employers as opposed to one. Many people actually prefer to work this way. Being an independent contractor has a certain allure because of its flexibility.” That being said, an independent contractor’s services usually cost less for employers. As a result, employers choose to categorize their workers as independent contractors rather than as employees. Sometimes salaried workers get misclassified as contract workers, and the direct impact of this is that it deprives the employee of certain rights and benefits. And in addition, it is illegal!
One lawyer noted the following, “It is at no point that your employer will inform you that you have been misclassified. In fact, your knowledge about your misclassification is not beneficial to the employer. Therefore, you need to look for signs in order to note whether or not your employer is misclassifying you as a contract worker when you are actually an employee.”
There are certain elements you can use to test whether you are being misclassified as a contract worker when, in fact, you are an employee. If your employer determines your work hours, location, how you do work, and you have no control over these, this means you are an employee. Inasmuch as most independent contractors, especially those in construction, have to show up at an employer’s location to do their work; if you show up at your employer’s office every day, you work on their schedule, they determine how you do your job; you are an employee.
Most independent contractors are hired to do a specific job on a temporary basis. Conversely, an employee is hired full-time and indefinitely for as long as the working relationship lasts on an at-will basis. If these are the terms of your work relationship with the employer, you are an employee.
One Counselone P.C employment law attorney noted, “As long as you do not invoice your employer for the work you have done, and instead, you get a regular paycheck monthly, you are definitely not an independent contractor. Independent contractors send their clients an invoice to get paid!”
If you and others in your organization are being misclassified as contract workers, you need to speak to class action attorneys in Los Angeles.
About Counselone Group
The Counselone Group is a law firm of renowned professionals who specialize in employment and consumer law. To file a lawsuit for unwanted robocalls, contact the Counselone Group today.
Address: 9301 Wilshire Blvd., Suite 650, Beverly Hills, CA 90210
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Address:9301 Wilshire Blvd, #650
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