Wrongly Classified as an Independent Contractor?

Corporate America has for many years actively been engaged in the process of hiring workers as 1099 Independent Contractors even though, under the law, the workers should be treated as W-2 Employees.

Click Here to read our comprehensive article on this strategy, which is known as Misclassification.

If you have been wrongly classified as an Independent Contractor, you have likely lost out on some or all of the benefits normally accorded employees, such as:

*  Workers' Compensation insurance;

*  Contributions on your behalf to to state Unemployment funds;

*  The right to collect Unemployment if your job is terminated;

*   Vacation pay, sick pay or paid leave;

*   Medical benefits;

*   Disability or life insurance to ICs;

*   The right to participate in 401k or pension plans maintained by the company;

*    Overtime;

*    Coverage under wage laws relating to payment of minimum wages, etc.;

*   The right to proytection under employment laws such as Title VII, FMLA, ADA, etc., which protect only employees;

*   Contributions on your behalf to the Social Security fund. 

However, the fact that your employer has decided to classify you as an Independent Contractor does not mean that you are in fact an Independent Contractor under the law.  In fact, even if you signed an Independent Contractor Agreement (and nearly every misclassified workers is forced to do so as a condition of employment), that does not mean under the law that you are in fact an Independent Contractor.

We routinely help misclassified workers obtain benefits, overtime and unemployment compensation by proving in a legal proceeding that they are employees, and not Independent Contractors.  If you beloieve you have been misclassified, you should consider consluting with competent legal counsel to learn about your possible rights.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

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