What Is a Misclassification from an Employer?
Many people work for employers in arrangements that can vary from just going into an office and sitting in a chair. Nowadays and especially because of the pandemic, employees and employers have very different arrangements that include work related arrangements to do a job or a work task. The contract that someone has with an employer is called a work order or even a formal contract for hire. But the classification for the worker can differ from what the worker believes he or she is being hired as, and what the employer notes formally that the person is hired as being classified at the company requesting the work.
Each case for a misclassification by an employer is different. Even if two people work at the same job, in the same capacity, their cases are different as the employer assigns work separately. The work assigned, hours, duties, responsibilities, accountability and a host of other factors will determine how these cases will settle in a court of law. This is the reason you need to give us a call if you experience a misclassification issue with an employer. We are able to sort these cases out efficiently, and manage the case expertly to get you the recovery compensation you need to manage any losses or damages you have as a result of this case.
Types of Worker Classifications
There are many different types of worker classifications, including:
- Full time
- Part time
- Independent contractor
These classifications are formal classifications, and they matter to the employer and the employee for different reasons. Before reviewing the distinctions of these classifications, let’s be clear about something from the start. These classifications are formal IRS classifications, and are not to be confused with someone related to the employer who comes in from time to time to “help out,” or someone being paid “off the books,” or “under the table.”
In terms of the classifications, the most important ones to consider are whether a person is an employee of the business or working as a freelance or independent contractor. The distinctions are easy to determine: if an employer dictates the day of the person, he or she is most likely an employee. If the employer assigns work and the person completes it to his or own convenience (within deadline parameters, of course), that person is likely a freelance or independent contractor.
What Is the Difference Between an Independent Contractor/Freelancer and Employee?
There are times when it is advantageous to be an employee of the employer. This is because there are going to be disadvantageous tax consequences if you are not considered an employee of an employer.
If you are a freelance worker or independent contractor, you:
- Pay all of your own Social Security and Medicare taxes out of pocket (the employer will not be paying half of this for you in that case)
- Are ineligible for any unemployment benefits or unemployment related insurance
- Are ineligible for any worker’s compensation benefits if you are injured on the job
- Have no workplace sick pay, overtime or minimum wage requirements
- Have no healthcare coverage
How Much Do Misclassification Case Settle for in a Lawsuit?
Our team consists of attorneys who specialize in misclassification lawsuits. These can settle for upwards of $100,000 depending on the case, as based on the merits of the case in these instances.
What Is the Average Payout Per Employer?
The average payout per employer will vary depending on many variables. We have managed these types of cases in the past, and they are all different. When you give us a call, we will satisfy your questions, and talk to you openly with a lawyer with specialty in misclassification cases with an employer. Talking to our legal team, will give you peace of mind. We offer lawyers who can help with your misclassification case with an employer.
What Is the average penalty for an Employer?
In the state of California, the employer can be fined up to $5,000 to $25,000 per violation, under misclassification laws in California.
Independent Contractor Claims Against Employers
If you are making an independent contractor claim regarding your misclassification case, we are here to help you at every step. We understand that you will have some tax consequences, regarding your classification, and we are here to explain it to you. Your attorney has your best interest in mind at all times when you sing on to our team for legal assistance. When you call us for help, we will start the process to beginning your lawsuit on the merits of your case. We will work tirelessly until we have a win-win situation for you.
How Much Do They Settle for in Mediation?
These cases can settle for around $100,000 or slightly less, depending on the circumstances of the case. the mediation will review the terms of the employment contract, and who was responsible to manage the person’s “desk” each day.
Zero Fee Guarantee
In every case, we will offer our everyday zero-fee guarantee. You are free to take advantage of this offer, and we know that you will be happy with the fact that you don’t pay us anything in advance. We don’t carry “deposits” for our services, and we do not put our services on layaway. We get paid when you do, and that is the best all-around situation for you.
Free Second Opinion
We are an easy ear and we want to hear what are your concerns regarding this case. In this situation, we will tell you to go ahead and pour out your heart to us, and we will listen. We are here for you in your time of need. Many times, people are craving a second opinion. Well, we have heard you and we offer free second opinions regarding your case.
How Much Do They Settle for in a Jury Trial?
The settlement of these types of cases will be reviewed by the court, and each case is unique and different. The settlement can be upwards of $100,000, depending on the circumstances of the case.
How Much Should My Lawyer Be Demanding for in a Lawsuit?
The employer can be fined up to $5,000 to $25,000 per violation, under misclassification laws in California. The demand should review the misclassification case that you have, and multiply by the violations identified by your attorney. You will also want to add in your losses and any lost wages and damages to your total settlement package.
Call for a Free Consultation
When you have had a misclassification of your working status from an employer, you need to give us a call. We understand that a lawsuit can be complex, and difficult to follow. But we are here to review the lawsuit with you, and we know how to untangle them to your satisfaction, to get the money you need in this case.
We are here for you, and offer a free consultation. We are sure that you agree, free is better than upfront fee paid for consultations on your case of misclassification from an employer. Our attorneys are on point, know how get to the point, and are ready to talk to you today. We are here for you to help you file the next steps, call now.