Employee Misclassification Answers: Am I Entitled to Severance, Disability Pay or Retirement Benefits if I Have Been Misclassified as an Independent Contractor?

Misclassified Workers May Be Entitled to Long-Term Disability Payments, Severance Pay, and/or Retirement Benefits



Misclassified?

If you have been misclassified as a 1099 independent contractor when in fact you were a W-2 employee, you may sue for benefits that you earned but were not paid.

Many companies provide severance, retirement benefits, etc. to their employees.  Independent Contractors are not entitled to share in the benefits of such plans, since they are not employees.  However, if you have been wrongly classified as an independent contractor, you may well have a right to such benefits.


Click Here to find out more about the factors to be considered in determining true employment status, and the benefits you may recover if you have been misclassified.

To recover such benefits, you must file suit in Federal or State Court, and prove: 1) you are in fact an employee and not independent contractor; and, 2) you otherwise meet the requirements for participation and/or benefits under the pertinent company policy.

NOTE:  Some company plans are governed by ERISA, and in such case you must first exhaust all administrative remedies under such plans prior to filing suit.

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, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

Click Here to e-mail John directly.

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