Being misclassified as an independent contractor when you legally should be considered an employee is a major violation of your rights as a worker. Employee misclassification can rob you of wages and employment benefits you are owed.
At Scott & Winters Law Firm, LLC, we can help you protect your rights and seek fair financial compensation for the losses you have suffered if you are a victim of employee misclassification in Strongsville, Ohio. Contact us to begin with a free consultation.
An experienced Strongsville employment law attorney can provide a legal assessment of your case to determine whether you have been misclassified as an independent contractor. Your attorney can provide guidance on the state and federal laws governing worker classification in Ohio. Then, they can represent you in negotiations or litigation to fight for fair compensation for your related losses.
Employee misclassification occurs when an employer incorrectly identifies an employee as an independent contractor. In Ohio, the classification of workers is controlled by multiple state and federal laws. This includes the Fair Labor Standards Act (FLSA), which defines an “employee” as “an individual who is employed by an employer.” To “employ” is defined as “to suffer or permit to work.”
This broad definition can make it difficult to understand whether you should be classified as an employee or an independent contractor at your job in Strongsville. Applying the FLSA’s definition of employee requires an “economic reality” test, which considers factors related to the degree of skill required by the employee, the working relationship between worker and employer, the worker’s opportunity for profit or loss depending on his or her skill, and more.
Employer misclassification may be done intentionally so that a company can save money on wages and benefits granted to employees but not to contractors (wage theft). It may also be an unknowing violation of the law made by a careless employer. Either way, the wronged worker may be entitled to financial compensation for related financial losses.
Available types of compensation can include:
In addition to having to pay for the victim’s losses in connection to a case of employee misclassification, an employer will also be required to reclassify the worker correctly for all future work performed. Discuss the potential value of your case with a Strongsville employment lawyer before accepting a settlement from your employer.
Employee misclassification is a complicated subject. This type of claim or lawsuit can be difficult to handle on your own. Allow the attorneys at Scott & Winters Law Firm, LLC, to represent you during your case for an easier legal process and higher odds of success.
We can apply the economic realities test to your situation to determine your correct classification as a worker. Then, we can help you pursue fair financial compensation if you have been misclassified. Request a free case consultation today. Contact us online or call (216) 912-2221.
