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Urgent: worker Misclassification as Independent Contractor: Race Discrimination

I publish illustrative scenarios prepared by my practice. All participants and conversations are fictional. The fictional posts are not posts by real users, accounts of client experiences, or reports of actual results.

Illustrative scenario prepared by my practice.

For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.

Hypothetical question

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?

Illustrative response

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.

Illustrative response

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.

Urgent: worker Misclassification as Independent Contractor: Race Discrimination

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