Thursday, March 21, 2013

Wrongly Classified as an Independent Contractor? Are You Being Treated as if You Are Self-Employed?

How Can I Tell if I am Being Treated as an Independent Contractor Instead of as an Employee?  Am I a 1099 Worker or a w-2 Employee?

Most workers who are treated as independent contractors are required to sign an independent contractor agreement.  So, if you signed one of those, you are being treated as an independent contractor.

However, if you were not provided such an agreement, the surefire way to see if you are being treated as an independent contractor, as opposed to as an employee, is be reviewing your paycheck.  If the company is not taking deductions out of your paycheck, you are being treated as an independent contractor.

Deductions Are Required for w-2 Employees, Who Also Get Perqs Such as Vacation Pay,
the Right to Participate in the Employer's Medical Insurance Plan, etc. etc. 
When an independent contractor receives payment from a company, the net amount of the check is exactly the same as the gross amount of the check, because there would be no deductions taken out.

My Employer Has Classified Me as an Independent Contractor So I am Being Denied Benefits - is There Anything I Can Do About This in Pennsylvania?

Corporate America has for many years actively been engaged in the process of hiring workers as 1099 Independent Contractors even though, under the law, the workers should be treated as W-2 Employees.

Click Here to read our comprehensive article on this strategy, which is known as Misclassification.

If you have been wrongly classified as an Independent Contractor, you have likely lost out on some or all of the benefits normally accorded employees, such as:

*  Workers' Compensation insurance;

*  Contributions on your behalf to to state Unemployment funds;

The right to collect Unemployment if your job is terminated;

*   Vacation pay, sick pay or paid leave;

*   Medical benefits;

*   Disability or life insurance to ICs;

*   The right to participate in 401k or pension plans maintained by the company;

*    Overtime;

*    Coverage under wage laws relating to payment of minimum wages, etc.;

*   The right to protection under employment laws such as Title VII, FMLA, ADA, etc., which protect only employees;

*   Contributions on your behalf to the Social Security fund. 

However, the fact that your employer has decided to classify you as an Independent Contractor does not mean that you are in fact an Independent Contractor under the law.

I Signed an Independent Contractor Agreement - Does That Mean I Am Denied the Right to Benefits Such as Vacation Pay, Overtime, Unemployment and Workers' Compensation?

In fact, even if you signed an Independent Contractor Agreement (and nearly every misclassified workers is forced to do so as a condition of employment), that does not mean under the law that you are in fact an Independent Contractor.  If you can prove that you are in fact a "true employee," then the independent contractor agreement you signed is not worth the paper it was written on.
The Independent Contractor Agreement You Signed Does Not Mean
You Cannot Assert and prove You Are in Fact an Employee

We routinely help misclassified workers obtain medical benefits, severance pay, overtime and unemployment compensation by proving in a legal proceeding that they are employees, and not independent contractors.  If you believe you have been misclassified, you should consider consulting with competent legal counsel to learn about your possible rights.

Philadelphia Area Employment Attorney Representing Employees

Guiding Pennsylvania Employees Since 1991
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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