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Urgent: worker Misclassification as Independent Contractor: Race Discrimination

Started by commuter_life_35 · Sep 18, 2024 · 1,286 views · 2 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
CL
commuter_life_35 OP

Quick background on my situation — any input appreciated.

employer monitoring personal phone. I've been dealing with this for about 10 weeks now and the situation isn't improving.

I have worked at this company for 3 years. My position is non-exempt and I do not have a written employment agreement beyond the standard offer letter.

What's the typical outcome in situations like this?

NF
smallbizhelp_10 Verified Attorney

Just consulted with an attorney about my case. The initial consultation was free and they took it on contingency (no upfront cost, they take a percentage of the recovery). If your case has strong merits, many attorneys will work on contingency.

ML
mia_landlord_11

Something people miss: if your employer misclassified you as exempt when you should've been non-exempt, you might have 2-3 years of unpaid overtime to recover. Look at the duties test, not just the salary threshold.