Misclassification of Employee as an Independent Contractor

Do not be intimidated or fearful if you have an issue related to your compensation or classification. You have legal rights and options that exist to protect you, the employee.

At the law firm of Gilman and Pastor, we pride ourselves on offering experienced legal counsel to employees nationwide.

Employees can not generally be misclassified as independent contractors if they performed services directly essential to the business performed by the employer. Most statutes and states common laws are based upon a strict liability standard and relate to the nature of the service provided and whether the service is performed within the usual course of the business of the employer.

Employers commonly and improperly misclassify workers as independent contractors, rather than employees. By doing so, employers seek to deprive such workers of a host of benefits and protections including paid vacation, sick time, health insurance, workman’s compensation, unemployment benefits or overtime. 

Damages for having been misclassified as an independent contractor rather than an employee equals the value of wages and benefits the worker should have received as an employee, but did not receive as a result of misclassification. Many jurisdictions, including Massachusetts, allow for statutory trebled or multiple damages. 

Contact us for a Confidential Consultation to protect Your Employment Rights.

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