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FMLA Leave Denied — employer changed my status to contractor

Started by asking_for_friend_creator_TX · Apr 25, 2023 · 1,959 views · 4 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
AF
asking_for_friend_creator_TX OP

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

employer changed my status to contractor. I've been dealing with this for about 9 months now and the situation isn't improving.

I have worked at this company for 12 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.

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

CT
CryptoTrader_2023

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

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

CA
CorpCounsel_Amy

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.

EM
EmploymentLaw_Mike Attorney

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

This is a common situation and the law is fairly clear. Under the FMLA, qualifying and covered.

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

HM
help_me_trader_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.

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