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Worker Misclassification as Independent Contractor — Disability

Started by anon_tenant_2025 · Nov 15, 2022 · 2,181 views · 6 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
AT
anon_tenant_2025 OP

I've been trying to resolve this on my own but I'm stuck.

competing offer triggered retaliation. I've been dealing with this for about 8 months now and the situation isn't improving.

I have worked at this company for 2 years. My position is non-exempt and I do have a written employment agreement beyond the standard offer letter.

What's the typical outcome in situations like this?

PJ
Paralegal_Jen

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

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

TL
Mod_TermsLaw Moderator

Attorney here. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the FLSA and state wage laws. The standard is whether a reasonable person would find the conduct compensable.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

FT
first_time_driver_2023

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

RL
RetiredLawyer_FL

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.

WI
worried_investor_WA

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

CC
confused_contractor_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.

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