How to Sue Your Employer for Wrongful Misclassification

Independent contractors have more flexibility on how and when to do their work.

Some employers classify their workers as independent contractors instead of traditional employees. While there can be benefits to being an independent contractor, there is also a negative side to it. Being wrongfully classified as an independent contractor can lead to you having to pay self-employment taxes, and limit your participation in any benefits provided to regular company employees. If you determined that you are an employee rather than an independent contractor and your employer refuses to change your status, you will have to sue the company. Knowing which lawyer to contact and which evidence to present will help you determine if you have a case and will also speed up the litigation process.

Instructions

1. Find an employment law lawyer. Visit an online attorney directory service and enter "Employment Law" under "Legal Issue" or "Area of Law" on the attorney directory services, then enter your location. Click on "Go" or "Find Lawyers" to locate a lawyer that specializes in employment law in your area.

2. Call one of the attorneys near your location and schedule an appointment.

3. Collect all employee handbooks, training documents, memos, any evidence you have on the type of work you do and any evidence showing how you are really an employee and not a contractor. Evidence can include pictures of posters or orders posted at work that contradict your contractor status or any statements made by supervisors written down by you or your coworker. The lawyer will give you a more comprehensive list of evidence to bring after your first appointment.

4. Bring all the evidence to your lawyer during the appointment. Your lawyer will look at all the facts and analyze if there is a legal case. If the lawyer determines you have a case, he or she will inform you of any additional steps you must take.

Tips & Warnings

• If other independent contractors like yourself also want to sue, consider coming together to the lawyer to possibly sue as a group.

References

• Employmentlawfirms.com: Unlawful Misclassification Of Employees As Independent Contractors By Employers

Resources

• Lawyers.com: Find a Lawyer
• FindLaw: Find a Lawyer