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Worker Misclassification as Independent Contractor — LGBTQ+

Started by newbie_student_2025 · Mar 15, 2024 · 1,833 views · 15 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NS
newbie_student_2025 OP

Quick background on my situation — any input appreciated.

AI replacing my position without severance. I've been dealing with this for about 3 weeks now and the situation isn't improving.

I have worked at this company for 6 years. My position is non-exempt and I do have a written employment agreement beyond the standard offer letter.

What are my legal options here? Is it worth pursuing?

WS
worried_student_CA

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

TL
Mod_TermsLaw Moderator

Attorney here. 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 OSHA regulations years for this type of claim.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

AF
asking_for_friend_homeowner_WA

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

JC
just_curious_dev_FL

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

RM
RestaurantOwner_Miami

I went through almost the exact same thing.

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

CW
confused_worker_2023

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

TF
TechStartup_Founder

Not a lawyer, but I have direct experience with this.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

FT
first_time_worker_2025

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.

NH
newbie_homeowner_FL

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

PB
PatentAgent_Boston

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

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

DS
desperate_student_question

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

JC
just_curious_freelancer_FL

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

AB
anon_buyer_2023

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

JC
just_curious_investor_2026

NAL, but from what I've read, you should document everything. That said, definitely get a lawyer to look at the specifics.

NR
NurseUnion_Rep

Been there. Here's what I learned.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

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