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Worker Misclassification as Independent Contractor — Disability

Started by first_time_buyer_IL · Apr 3, 2024 · 2,106 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.
FT
first_time_buyer_IL OP

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

denied reasonable accommodation for disability. I've been dealing with this for about 15 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 not have a written employment agreement beyond the standard offer letter.

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

IG
InsuranceGuy_FL

I've dealt with this before.

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

EM
EmploymentLaw_Mike Attorney

I practice in this area. Here's my take on the legal issues.

There are several legal theories that could apply here. The strongest is probably the FLSA and state wage laws, which requires showing compensable.

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

SCW
SmallClaimsWinner

Just wanted to add — I went through almost the exact same thing last year. What finally resolved it for me was sending a formal demand letter via certified mail. Once they realized I was serious and had documentation, they settled within 2 weeks.