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Employee Misclassification
If your employer misclassifies you as an independent contractor, you lose rights afforded by California employment laws that are designed to protect you as an employee. Your employer could be illegally denying you access to workers’ compensation insurance, pension plans, employer-provided health insurance, and other employment protections and benefits, such as reimbursement for all business expenses.
In addition, you may be forced to overpay payroll taxes if you are improperly paid your wages and are issued an IRS Form 1099. Likewise, suppose your employer “promotes” you to a managerial position, although your schedule and job duties remain essentially the same. In that case, you may be misclassified and could be a victim of wage violations, including violations of your right to overtime pay.
If you know or suspect that your employer has misclassified you as an independent contractor or an exempt employee, please call ARCH Legal PC at (866) 331-1338 or contact us by email. Our attorneys represent workers in San Diego and throughout California.
Why Do Employers Misclassify Employees? It’s Pretty Simple in Most Cases.
The simple answer: Employers misclassify employees to save money. Employers throughout California try to cut costs by illegally denying workers their right to meal breaks, rest breaks, and overtime pay, as well as employer-provided benefits like insurance coverage and pensions. Employers also try to avoid tax and payroll obligations by misclassifying workers who should be classified as nonexempt employees.
Whether your employer’s misclassification of you was intentional or not, you have a right to hold your employer accountable for the violation. ARCH Legal PC can help you do that—and we can help you get the full and fair compensation you deserve.
Whether or Not Your Employer Misclassified You Intentionally, You Deserve Fair Compensation for Your Damages
It can be difficult to prove that an employer misclassified you intentionally. Unless there is explicit evidence (like emails) in which the employer reveals they misclassified you on purpose, their intent may be difficult to prove.
We don’t need to prove their intent. We only need to show that you were misclassified and that you have suffered harm as a consequence of the misclassification. This is a case we have proven many times for many clients, and we’re eager to prove it once again on your behalf.
We Will Determine If You Have Been Misclassified. Here’s How We Might Do That.
The employer-employee relationship might seem straightforward – you work, and your employer pays you for your time and effort. Upon closer examination, the nuances of this relationship are significant, and each of those nuances can have financial implications for both employer and employee (or non-employee).
In many cases, the employer-employee relationship is defined based on how much control the employer has over the employee’s work and behavior. If the employer tells you how to dress, how to behave, how much you must work, and how to do your job, you are likely an employee and not an independent contractor.
If you were “promoted” to a managerial position or hired as a “manager,” yet the majority of your job duties are similar to those of non-managerial employees, you may have been misclassified as an exempt or a salaried employee.
The surest way to determine whether you have been misclassified is to speak with one of our attorneys about your situation. We can assess your case, answer your questions, and guide you on the best path forward.
Our Attorneys Use California’s “ABC Test” in Many Cases Like Yours
Due to our extensive experience in the employment law space, our lawyers can quickly recognize when an employee has been misclassified. However, we must prove such misclassification to succeed in cases like yours.
To prove this case, we rely on an oft-used evaluation framework known as the “ABC Test.” This means that we:
- Assume that all workers are employees (not independent contractors) unless and until the employer can prove otherwise
- Assume that our client, who is presumed to be an employee, is entitled to the full rights, benefits, and compensation that California law entitles employees to
To disprove these assumptions, your employer will have to prove:
- You were not under the control or direction of the person or organization that paid you for your work
- The work you performed was not within the “usual course” of business for the organization that hired you
- You engage in an independently established trade or occupation that mirrors
what you did for the organization that paid you
Here’s a key takeaway from this ABC Test: If you allege that your employer misclassified you, the burden of proof will fall on your employer to prove they did not misclassify you. This means we enter your case with an inherent advantage, and your attorney from ARCH Legal PC will seek to maximize that advantage.
We know this language can be confusing. The law often is. Allow our team to break down these and other concepts into terms that you can understand, and in terms that are specific to your unique circumstances. Do not wait to contact our team.
Why ARCH Legal PC Is The Firm to Call About an Employment Law Case
When you recognize that you have been misclassified as an employer, your focus should turn to getting a just outcome. We help employees recover the income and other losses they’ve suffered due to improper classification, and you should tap us to represent you because:
We Represent (Misclassified) Employees in All Industries
Our goal is to help workers who have been mistreated and underpaid, no matter what industry they occupy. We represent construction workers, healthcare employees, retail workers, and employees in all other sectors. Whether you consider yourself blue-collar, white-collar, or somewhere in between, ARCH Legal PC has your back.
We’re Passionate About and Laser-Focused On Employment Law
Some law firms spread their attention and resources across many practice areas. We don’t. Our firm is squarely focused on helping employees, which means:
- We have an extensive, nuanced understanding of employment law in California
- All of our resources, training, and experience are oriented toward employment law
- There will be no inefficiency in how we resolve your case—we are passionate about employment law cases and know exactly what we are doing
The more experienced an attorney is in a specific area of law, the more confident you can be in their abilities. This alone is reason to choose ARCH Legal PC as your advocate.
We Have Helped Clients Get Back More Than $200 Million in Hard-Earned Income
Our clients hire us because they want results. Our case results show that we’re a firm that rises to our clients’ expectations, as we have secured recoveries in employment law cases that include:
- Almost $23 million in a case against a multinational telecommunications company
- $14 million in a case against a major national retailer
- $11.35 million in a case against a national pet products retail chain
- $6.5 million for employees of a major healthcare company
- $6.35 million for employees of a major bowling company
- Several other multi-million-dollar settlements and verdicts
These and other cases involved both national and international organizations, as well as smaller employers. When you want a law firm with a resume and results you can put stock in, choose ARCH Legal PC to represent you.
Damages That May Have Resulted from Your Misclassification (We Will Seek Compensation for Them)
Recoverable damages depend on the details of each individual case.
For example, does your case involve unpaid overtime? If your case does involve unpaid overtime, should you have been paid 1.5 times your regular rate of pay for all overtime hours, or does any of the time involve hours for which you should have received double your regular rate of pay? Also, does your case involve missed meals and rest breaks? And how long did any of these violations go on?
These are the kinds of questions our team will answer for you as we fight for the compensation you deserve. Some of the damages we often consider when leading employee misclassification cases in California are:
- Additional tax burdens you faced because of the misclassification
- Lost wages because you should have been entitled to minimum wage but were paid less)
- Unpaid overtime and double-time pay
- Loss of common benefits like paid time off (PTO) and sick leave
- Lack of access to health insurance, workers’ compensation insurance, and other types of insurance coverage
- Lack of reimbursement for business-related expenses
These are just some of the types of harm we see among clients who have been misclassified, often as independent contractors. An employment law attorney from our team will speak with you, consider your professional and personal circumstances during the time you were misclassified, and document all the economic and non-economic harm you have suffered.
Call ARCH Legal PC Today for a Consultation About How You Were Misclassified, and How We Can Help
Our lawyers are ready to answer your questions and help you seek a positive resolution. To arrange a consultation, call us at (866) 331-1338 or send us an email describing your situation.
Our consultations are pressure-free. Let us answer your questions, share our perspective on your case, and lay out your options. Our team of skilled and dedicated attorneys is proud to represent workers throughout California.
