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Worker Misclassification as Independent Contractor — Age Discrimination

Started by newbie_homeowner_today · Jan 7, 2025 · 954 views · 3 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NH
newbie_homeowner_today OP

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

mass layoff without WARN Act notice. I've been dealing with this for about 14 months now and the situation isn't improving.

I have worked at this company for 7 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.

Should I hire a lawyer for this or try to handle it myself?

FC
frustrated_creator_GA

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

EM
EmploymentLaw_Mike Attorney

Licensed attorney — a few thoughts. 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.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

RM
RestaurantOwner_Miami

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

What worked for me was having everything documented. It took 3-6 months but was worth it.

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