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Mislabeled as a contractor instead of an employee?

On Behalf of | Jun 27, 2024 | Employment Law

In California, having your employer mislabel you as a contractor instead of an employee can have significant implications for your rights and benefits. Knowing what steps to take can help you protect yourself and ensure fair treatment.

Understand your classification

First, understand the criteria for employee versus contractor status under state employment law. Employees typically receive benefits such as health insurance, overtime pay, and workers’ compensation, which are not guaranteed for contractors.

Gather evidence

Collect evidence that supports your claim of employment misclassification. This may include pay stubs, work schedules, job duties, and any communications with your employer regarding your role and responsibilities.

Consult the ABC test

California uses the ABC test to determine worker classification. To be considered a contractor, you must meet all three criteria: 

  • (A) free from company control 
  • (B) performing work outside the company’s usual business
  • (C) engaged in an independent trade

Report the misclassification

If you believe you have been misclassified, report it to the California Labor Commissioner’s Office. They can investigate your claim and help you recover any lost wages and benefits.

To file a complaint, visit the Labor Commissioner’s Office website and complete the necessary forms, providing all relevant documentation.

Seek legal advice

Consider consulting with an attorney. They can provide guidance on your specific situation and how employment law applies. If you cannot resolve the issue through other means, you may need to file a lawsuit. 

Protecting your rights as an employee is crucial for ensuring fair treatment and compensation. Taking these steps can help you address misclassification and secure the benefits you deserve.

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