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Worker Misclassification as Independent Contractor — LGBTQ+

Started by just_curious_business_owner_NY · Dec 12, 2025 · 652 views · 10 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
JC
just_curious_business_owner_NY OP

Looking for advice on a legal issue. Here's what happened.

employer changed my status to contractor. 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 not have a written employment agreement beyond the standard offer letter.

Do I have a strong case? What should my next steps be?

NH
need_help_worker_2022

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.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

RM
RestaurantOwner_Miami

I went through almost the exact same thing.

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

TL
Mod_TermsLaw Moderator

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

The legal framework here involves both federal and state law. At the federal level, the FLSA and state wage laws. Your state may provide additional protections.

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

TR
TruckerRights_OH

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

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

CP
confused_parent_2023

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

PJ
Paralegal_Jen

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.

SB
SmallBizOwner_NYC

Been there. Here's what I learned.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

NH
need_help_driver_OH

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.

OD
OpenSourceLawyer_Dan

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

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

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