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Misclassifying Independent Contractors

If you are an employee of a company, but have been classified as an independent contractor, you may be able to sue your employer.

According to California labor law, the basic definition of “independent contractor” is a person who performs services for someone else and retains control of how the service is performed.

Because contractors do not receive benefits – like health insurance – nor are they entitled to meal breaks or receiving any protection against discrimination, many employers mislabel their employees as independent contractors so they don’t have to provide employee benefits and protections.

For example, if you are a part-time secretary who reports into the office three times per week, your employer might be misclassifying you as a contractor to avoid paying you medical leave, overtime pay, or a fair hourly rate, you might have grounds for a lawsuit. An experienced employment lawyer is your best bet in helping you get what you deserve.

How do you know if you’re an independent contractor?

You are probably an independent contractor if:

  • You’re free from an employer’s control or direction in performing your work.
  • Your work takes place outside the usual course of business and off-site of the company.
  • You are engaged in an independent trade or occupation

You can also take a look at the tax form you filled out at the beginning of your employment contract with your employer. Typically 1099 forms are used for independent contractors, whereas W2 forms are used for regular employees (while there may be some exceptions).

We fight for California contractors and workers

Lawyers for Justice, PC is a labor and employment law firm that boasts over twenty five employment lawyers who are dedicated to providing legal counsel to workers who have been mistreated. In addition to fighting for employees who have been mislabeled by their employers, the firm also offers legal services such as fighting sexual harassment cases, unpaid wages, employment contracts, wrongful termination, and other employment related legal issues.

The employment lawyer team at Lawyers for Justice, PC takes legal action and powerfully represents employees. After fighting for the legal rights of workers for over a decade, the law firm is proud to say that it gets employment cases won instead of getting stuck in lengthy litigation like some other employment lawyers.

Best of all, the labor and employment law firm works on a contingency fee, which means that clients do not pay an employment lawyer from our firm any up-front or hourly fees. The attorney client relationship is one that is sacred and should be built upon trust. Our results speak for themselves, which is why many clients choose Lawyers for Justice, PC as their employment attorney over other law firms.

Don’t let your employer take advantage of you

Do you feel your employer is taking advantage of your work status? Or maybe displaying another type of unlawful conduct? But perhaps you’re too afraid to approach them for fear of being fired? Or creating a hostile work environment?

Call an LFJ employment lawyer today. Each employment attorney at our firm takes a sophisticated approach to practicing law and can fight on your behalf. They can also advise as to whether or not a lawsuit is the best course of action. And if we can’t help with your specific legal issue, we will help you find the right lawyer for you; our referral network connects us to other powerful employment lawyers as well.

What you can do next

If you feel that your type of work or employment status has been misclassified, call Lawyers for Justice, PC today so we can fight for you and get you what you deserve. Our employment law firm offers a free initial consultation to see if yours is a legal issue we can help resolve. Lawyers for Justice, PC also has an extensive employment law referral network, so even if our employment attorneys can’t help, we can find the right lawyer and legal help for your dispute.

Call 818-647-9323 today or visit us online at to contact us today for a free case evaluation.