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Demotion as Constructive Discharge — gig company reclassifying workers

Started by seeking_advice_creator_MA · Dec 30, 2024 · 1,534 views · 4 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
SA
seeking_advice_creator_MA OP

Looking for advice on a legal issue. Here's what happened.

gig company reclassifying workers. I've been dealing with this for about 13 months now and the situation isn't improving.

I have worked at this company for 2 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.

What are the risks if I pursue this? What's the likely timeline?

TE
throwaway_employee_MA

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

EM
EmploymentLaw_Mike Attorney

Licensed attorney — a few thoughts. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the FMLA years for this type of claim.

Before taking legal action, consider sending a formal demand letter. In many cases, this alone resolves the issue.

DN
DataPrivacy_Nerd

I've seen this play out several times in my field.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

NB
newbie_buyer_2024

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

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