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FMLA Leave Denied — employer changed my status to contractor

Started by RestaurantOwner_Miami · May 15, 2025 · 1,659 views · 17 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
RM
RestaurantOwner_Miami OP

I'm in a difficult situation and trying to figure out my next steps.

employer changed my status to contractor. I've been dealing with this for about 15 months now and the situation isn't improving.

I have worked at this company for 6 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?

EM
EmploymentLaw_Mike Attorney

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

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

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

WB
worried_business_owner_advice

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.

EA
EstatePlanner_AZ

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.

CD
confused_dev_2026

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

AF
asking_for_friend_seller_2025

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

FT
first_time_trader_CA

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.

CA
ConsumerAdvocate

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.

SM
SeniorDevMike_PDX

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

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.

TH
throwaway_homeowner_2022

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.

TH
throwaway_homeowner_legal

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

HC
HRManager_Chicago

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_creator_NC

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.

PN
Photographer_NYC

I went through almost the exact same thing.

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

DN
DataPrivacy_Nerd

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.

HM
help_me_employee_OH

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.

OD
OpenSourceLawyer_Dan

I went through almost the exact same thing.

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.

OD
OpenSourceLawyer_Dan

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.

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