What To Do if You Have Been Misclassified as an Independent Contractor?
Ohio classifies its workers as independent contractors or employees. There are distinct differences between employees and independent contractors, and it is crucial that employers classify individuals correctly. Being misclassified as an independent contractor instead of an employee can be very costly. Misclassifying workers as independent contractors can result in them losing wages, overtime pay, and other benefits such as workers’ compensation benefits and healthcare coverage.
If a worker is misclassified as an independent contractor instead of an employee, there are steps they can take to address the situation. Below, we discuss what to do if you have been misclassified as an independent contractor instead of an employee;
- Seek Legal Guidance
The first crucial thing to do if you believe you have been misclassified as an independent contractor instead of an employee is to speak to an independent contractor misclassification attorney. A skilled Columbus wage and hour lawyer can review your situation, assess if you have been misclassified, and guide you on the best course of action. There are a few avenues an attorney can take regarding your case.
- Talk to Your Employer
One of the avenues an independent contractor misclassification attorney can take regarding your misclassification case is talking to your employer about your misclassification. Your employer may not be aware that you have been misclassified. Or even if they are aware, they may be willing to rectify the situation. It may be possible to resolve the issue through open communication and negotiation.
- Contact the IRS
If talking to your employer does not work, contacting the IRS and requesting they determine your employment status for federal tax purposes may be necessary. Under this step, you would have to file IRS Form SS-8. You don’t need to pay any fee to file this form.
- File a Complaint and Seek Damages
Being misclassified as an independent contractor instead of an employee can result in lost wages, unpaid overtime, and lost benefits, such as workers’ compensation benefits and health insurance. You can file a claim and seek compensation if the misclassification has resulted in unpaid wages and other losses. An Ohio wage and hour attorney can help you file your complaint and pursue damages such as back pay and benefits you would have received as an employee.
- Gather Documentation
When dealing with a case of misclassification, it is crucial that you gather any relevant documentation related to your work arrangement. In Ohio, several factors are evaluated when determining if a worker is an independent contractor or employee, including;
- The control the employer exerts over the worker
- The amount of initiative and judgment the worker exercises
- Whether the worker has invested in equipment and facilities
- The permanency of the relationship
- To what extent the services rendered are integral to the business
- The individual’s opportunities for profit and loss
Documentation such as emails, contracts, pay stubs, and job duty descriptions, can help support your case for misclassification.
Contact a Columbus Independent Contractor Misclassification Attorney
If you believe your employer has misclassified you as an independent contractor instead of an employee, contact our Columbus independent misclassification attorneys at the law firm of Brian G. Miller CO. L.P.A. We understand the impact a job misclassification can have on a worker and are committed to helping misclassified workers.
