Wednesday, October 5, 2011

Am I a w-2 Employee or a 1099 Independent Contractor? Am I Self-Employed? Can I Do Anything if I Have Been Wrongfully Called an Independent Contractor in Pennsylvania?

Are You Being Treated as an Independent Contractor (i.e. Self-Employed) Even Though I Go Into the Office Every Day and Do the Same Work as w-2 Employees for the Company?

Am I Really an Independent Contractor?

It behooves companies to characterize workers as 1099 independent contractors, even though many such persons are treated essentially the same as w-2 employees.

Employers save a lot of money doing this, because they don't have to pay withholding taxes, Social Security, Medicare, workers' compensation insurance, unemployment insurance, etc.  They also don't have to offer 1099 employees benefits such as health insurance, vacation pay, sick pay, etc., and cannot be sued under employment laws such as Title VII, the FMLA or the FLSA.

Hence, and not surprisingly, it is very common for companies to intentionally "misclassify" workers as 1099 employees, even though they are, under the law, actually employees.

However, if you are in fact being misclassified, there are a number of ways to be reclassified as a w-2 employee, thereby opening up your rights to all of the benefits enjoyed by true employees.

Fighting Misclassification Since 1991
Philadelphia Are Employment Attorney Representing Employees

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorney Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Employment Labor Lawyer Near Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly.

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