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Worker Misclassification as Independent Contractor — Race Discrimination

Started by SmallBizOwner_NYC · Jul 30, 2025 · 1,450 views · 19 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
SB
SmallBizOwner_NYC OP

Quick background on my situation — any input appreciated.

severance offer seems low. I've been dealing with this for about 13 months now and the situation isn't improving.

I have worked at this company for 3 years. My position is exempt and I do have a written employment agreement beyond the standard offer letter.

What are my legal options here? Is it worth pursuing?

EM
EmploymentLaw_Mike Attorney

Attorney here. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under Title VII. The standard is whether a reasonable person would find the conduct discriminatory.

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

TF
TechStartup_Founder

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.

CM
ContractorMike_CA

I've dealt with this before.

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

GL
GigWorker_LA

I went through almost the exact same thing.

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

RE
RemoteWorker_EU

Been there. Here's what I learned.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

HM
help_me_freelancer_today

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.

VA
VCAnalyst_SF

I went through almost the exact same thing.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

DN
DataPrivacy_Nerd

I've dealt with this before.

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

TF
TechStartup_Founder

I've dealt with this before.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

CA
ConsumerAdvocate

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

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

JC
just_curious_employee_TX

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

PJ
Paralegal_Jen

I went through almost the exact same thing.

The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

MA
MusicProducer_ATL

I've dealt with this before.

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

MA
MusicProducer_ATL

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

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

HM
help_me_buyer_CO

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.

FB
frustrated_business_owner_NY

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

NH
need_help_business_owner_advice

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

RM
RestaurantOwner_Miami

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

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

FT
first_time_parent_2024

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

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