Wednesday, October 5, 2011

"Independent Contractor" Contracts: We Win Cases Proving Worker Was in Fact a w-2 Employee Evenb Though the Worker Signed a Document Saying They Agreed to Work as an Independent Contractor Paid on a 1099 Basis

Independent Contractor Agreements Do Not Prove Someone is an Independent Contractor Under State and Federal Employment Laws Protecting Pennsylvania's Workforce

Just because a person signs a contract agreeing to do work as an independent contractor does not mean they are in fact truly independent contractors under the Internal Revenue Code (and its state counterparts), Pennsylvania Unemployment Law, the Family and Medical Leave Act, Title VII (and similar state laws), Workers' Compensation laws, the Fair Labor Standards Act (overtime) or under the "common law" (i.e. laws established through court decisions over the years).

Workers Cannot by Signing a Contract Waive Their Rights
Under State and Federal Employment Rights
State and Federal Agencies, Courts, Tribunals and Administrative Agencies Make Final Determination as to Whether Worker is an Independent Contractor (1099), as Opposed to Being an Employee (w-2)

Since Independent Contractors miss out on such an incredibly wide array of important rights, benefits and protections, companies have been known to make it a common practice to intentionally mislabel people who should be treated as w-2 employees, calling them Independent Contractors instead.

Misclassified Workers Can Win Big $$$
You can, however, seek reclassification, even if you have signed a contract agreeing to be treated as an independent contractor.  We help people do that all of the time.  If you win such a case, your right to benefits, and possibly substantial damages, opens wide open.

Helping Misclassified Workers in Pennsylvania Since 1991
Philadelphia Are Employment Attorney Representing Independent Contractors

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.

Thanks for checking in with us.

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