Misclassifying employees as independent contractors is one way that an employer in Parma may intentionally or unintentionally break the law. Some employers deliberately misclassify workers to save money by avoiding paying proper wages and benefits owed to employees.
If you believe you are a victim of employee misclassification, Scott & Winters Law Firm, LLC can help you understand and protect your rights. You may be entitled to recover compensation for the employment benefits you should have received.
Hiring an experienced employment lawyer in Parma to represent you during an employee misclassification case can come with significant benefits. Your lawyer can fully investigate your case, collect evidence against your employer and get your case filed before the statute of limitations (deadline for filing) expires. You can trust your attorney to negotiate the best possible case outcome on your behalf by expertly navigating Ohio’s labor laws and utilizing federal protections that are given to employees.
Employee misclassification refers to an employer incorrectly classifying workers as independent contractors rather than employees. This distinction is important because it determines a worker’s wages, legal rights, benefits, and protections under state and federal employment laws.
In many cases, employee misclassification is part of a larger scheme where a company illegally designates workers as independent contractors to deprive workers of minimum wages, overtime compensation and employee benefits.
Federal and state laws provide several different tests employers can use to determine whether to classify a worker as an employee or a 1099 independent contractor. One is the economic reality test, which is part of the federal Fair Labor Standards Act. At Scott & Winters Law Firm, LLC, we can use this test and others to identify employee misclassification.
The economic reality test analyzes several factors to determine whether the worker is economically dependent on the employer for work. If so, the worker should be classified as an employee. If not, the worker is in business for himself or herself and is an independent contractor.
If our lawyers find that you have been misclassified as an independent contractor, you may be eligible for financial compensation to correct the misclassification. Compensation available with a wage and hour claim may include back wages, lost employment benefits, and additional payments as a fine or penalty against your employer for wage theft. We can help you file a claim in Parma to seek reclassification and fair compensation for your losses.
Employee misclassification is a complicated subject that involves multiple labor laws and statutes. If you believe you have been misclassified as a worker in Parma, Ohio, seek legal advice from the experienced employment lawyers at Scott & Winters Law Firm, LLC. We can help you determine your options for legal recourse. Contact us online or call (216) 912-2221 today to request a free initial consultation.
