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Worker Misclassification as Independent Contractor — LGBTQ+

Started by confused_business_owner_CA · Mar 25, 2025 · 956 views · 7 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
CB
confused_business_owner_CA OP

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

unpaid internship at for-profit company. I've been dealing with this for about 11 months now and the situation isn't improving.

I have worked at this company for 11 years. My position is exempt and I do have a written employment agreement beyond the standard offer letter.

Do I have a strong case? What should my next steps be?

EM
EmploymentLaw_Mike Attorney

I practice in this area. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the FLSA and state wage laws years for this type of claim.

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

GL
GigWorker_LA

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.

IG
InsuranceGuy_FL

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

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

NR
NurseUnion_Rep

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

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

NB
newbie_business_owner_help

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.

TF
throwaway_freelancer_NC

NAL, but from what I've read, you should send a written demand. That said, definitely get a lawyer to look at the specifics.

WC
worried_contractor_CA

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

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