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Worker Misclassification as Independent Contractor — LGBTQ+

Started by seeking_advice_freelancer_2024 · Oct 29, 2024 · 1,822 views · 13 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_freelancer_2024 OP

I'm dealing with a situation and need some guidance.

fired while on medical leave. I've been dealing with this for about 5 months now and the situation isn't improving.

I have worked at this company for 4 years. My position is non-exempt and I do have a written employment agreement beyond the standard offer letter.

What's the typical outcome in situations like this?

EM
EmploymentLaw_Mike Attorney

I specialize in this area of law. Here's my take on the legal issues.

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

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

FT
first_time_worker_TX

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.

NL
NursePractitioner_LA

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

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

SB
SmallBizOwner_NYC

I went through almost the exact same thing.

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

AF
asking_for_friend_business_owner_legal

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.

TF
TechStartup_Founder

I went through almost the exact same thing.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

SB
SmallBizOwner_NYC

I've dealt with this before.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

NH
need_help_seller_TX

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

CP
confused_parent_IL

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

SM
SeniorDevMike_PDX

Been there. Here's what I learned.

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

TF
TechStartup_Founder

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

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

NH
need_help_tenant_IL

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

CM
ContractorMike_CA

I went through almost the exact same thing.

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

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