In the State of California, as an employee you are entitled to many benefits including health insurance, worker’s compensation, and an extensive number of protections and benefits. However, Independent contractors do not have the same protections.
Sadly, employers avoid providing their legally entitled benefits to their employees by legally misclassifying their employees as independent contractors rather than W-2 employees.
At SW Employment Law, we are devoted to fighting for the rights of the employees of California. If you believe your employer may have or may be classifying you as an independent contractor rather than an employee, we are here to help.
Depending on the circumstances of your situation, you may be entitled to compensation and at SW Employment Law, we are here to guide you through every step of the way. Contact us today to schedule a free, confidential consultation.
By classifying an employee as an independent contractor, employers avoid their legal responsibilities to their employees and refuse them of their entitled legal protections and benefits.
If you believe you have been misclassified as an independent contractor, consider the following:
For you to legally be classified as an independent contractor, your employer is not allowed to have control over the methods in which you get work done and is not allowed to have control over the hours you work.
As an independent contractor, you are not required to perform work-related tasks that are within the normal scope of operation. For example, if your employer is a faxing company and they hire you to fax documents, then you are not an independent contractor and they are likely violating the law. However, if they are a faxing company and have asked you to work on a project for promoting the company, they are not violating the laws that classify you as an independent contractor.
As an independent contractor, you are not required to work exclusively for one employer. Generally, independent contractors have their own independent business and have their own clients/customers.
If you believe your employer has wrongfully classified you as an independent contractor, you may be entitled to compensation. In most cases, you may be able to receive compensation retroactively. You are still entitled to compensation even if your employer changed your classification to a regular W-2 employee.
If your employer is violating your entitled rights to avoid paying you the money you deserve, we are here to advocate and fight for your rights. You have extensive rights in the state of California, and it is important that you are able to fight for your right.
If your employer has or may have improperly classified you as an independent contractor, we are here to help you.
SW Employment Law is devoted to employment law and preserving the rights of California employees. We advocate for the well-deserved compensation of employees whose rights have been violated.
We understand that these situations can be emotionally and financially stressful. For this reason, we work on a contingency basis, meaning that you do not have to pay anything out of your pocket and that we only get paid if we win the case.