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Worker Misclassification as Independent Contractor — Age Discrimination

Started by seeking_advice_buyer_NY · Mar 18, 2024 · 1,443 views · 7 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_buyer_NY OP

Has anyone dealt with something like this? I'm not sure what my options are.

denied overtime for 6 months. I've been dealing with this for about 2 weeks now and the situation isn't improving.

I have worked at this company for 9 years. My position is exempt and I do have a written employment agreement beyond the standard offer letter.

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

WW
worried_worker_CO

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.

SB
SmallBizOwner_NYC

I went through almost the exact same thing.

The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

SB
SmallBizOwner_NYC

Been there. Here's what I learned.

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

RE
RemoteWorker_EU

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

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

NR
NurseUnion_Rep

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

In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter.

FW
frustrated_worker_CA

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.

SM
SeniorDevMike_PDX

I went through almost the exact same thing.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

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