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Worker Misclassification as Independent Contractor — Age Discrimination

Started by help_me_trader_MA · Oct 1, 2024 · 748 views · 5 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
HM
help_me_trader_MA OP

I'm dealing with a situation and need some guidance.

commission payments suddenly stopped. I've been dealing with this for about 12 months now and the situation isn't improving.

I have worked at this company for 10 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.

Am I overthinking this or is this a real legal issue worth pursuing?

EM
EmploymentLaw_Mike Attorney

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 the FLSA and state wage laws years for this type of claim.

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

AT
anon_trader_legal

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.

RL
RetiredLawyer_FL

I've dealt with this before.

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

DP
desperate_parent_NC

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.

CM
ContractorMike_CA

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

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

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