If you work in Pasadena, CA, and your employer has misclassified you as an independent contractor or exempt employee, you could be suffering from financial losses and other problems. Fortunately, a Pasadena employee misclassification lawyer from Domb & Rauchwerger can determine if your rights have been violated and seek damages on your behalf.
Our employment lawyers in Pasadena can explain the laws that protect you from misclassification, investigate your situation, and use evidence to build a strong case against your employer. If all goes well, you’ll likely receive compensation for the income losses you’ve incurred and benefits you’ve missed out on due to misclassification.
Types of Misclassification for Which a Pasadena Lawyer Can File a Claim
Our Pasadena attorneys can help you recover from two different types of misclassification. The first type of misclassification we can seek damages for is being classified as an independent contractor when you should be classified as an employee.
The other type of misclassification we can help you take legal action against is being classified as an exempt employee when you should be classified as a non-exempt employee. Let’s take a closer look at each type of misclassification and discuss how an experienced lawyer can help you get justice and compensation after being wrongfully classified.
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Employee Misclassified as an Independent Contractor
From an employer’s perspective, hiring an independent contractor is much less expensive than hiring an employee. Here are some of the costs your employer can avoid by misclassifying you as an independent contractor:
- Workers’ compensation insurance premiums
- Minimum or overtime wages
- Premium payments for missed meals and rest breaks
- Paid sick leave
- Payroll taxes
- Business expenses
Unfortunately, there’s a lot of financial incentive for an employer to misclassify you as an independent contractor when you should be considered an employee. If you believe you’re losing money and benefits due to misclassification, you may be eligible to file a claim. That said, you’ll want to make sure you’ve actually been misclassified before you move forward.
Determining whether you should be considered an independent contractor or an employee can be difficult, but that’s where a Pasadena employee misclassification attorney can help. An experienced lawyer at Domb & Rauchwerger can assess your work situation, determine if you’re classified incorrectly, and pursue fair compensation on your behalf.
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Non-Exempt Employee Misclassified as an Exempt Employee
If you are appropriately classified as an employee, you may still be misclassified as an exempt employee. Generally, employers are not required to provide exempt employees with rest breaks, meal breaks, or overtime. If you should be classified as non-exempt, but your employer claims you are exempt, you could be missing out on additional compensation and benefits that could improve your life.
Similar to identifying independent contractor misclassification, determining if you’re wrongly classified as an exempt employee can be difficult. To find out for sure if your employer has misclassified you, reach out to our Pasadena employee misclassification lawyers.
Our team can discuss your job and figure out if you’ve been classified incorrectly. If you have been, we’ll work hard to obtain the financial remedies you need to cover losses and move forward with your career.
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Your Employment Contract does Not Determine Your Employment Status
If you have an employment contract that states you are an independent contractor, it doesn’t mean you should be classified as one. That’s because California’s employment laws determine your employment status, not an independent contractor agreement that you have with your employer.
Our attorneys can help you determine if you should actually be classified as an independent contractor. If you are technically an employee, but your employer claims they can treat you like an independent contractor because of an agreement you signed, our team in Pasadena can pursue the benefits you should be receiving.
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Compensation Our Pasadena Employee Misclassification Attorneys Can Fight for
If an attorney from our firm finds you’ve been wrongly classified as an independent contractor or exempt employee, we’ll work hard to identify your losses and recover maximum compensation. If your case is successful, you could receive the following remedies:
- Back pay
- Compensation for unpaid overtime
- Compensation for denied rest and meal breaks
- Minimum wage payments
- Compensation for business expenses
We Can Help You Stand Up Against Retaliation
If you’ve filed a misclassification claim or confronted your employer about your incorrect classification and they’ve retaliated against you, you have the right to take legal action. Reach out to our employee misclassification attorneys in Pasadena if your employer has taken one of the following adverse actions against you for bringing up your misclassification:
- Terminated your employment
- Demoted you
- Cut your pay
- Took away duties
- Stopped providing you with certain benefits
- Issued a poor performance review
If your employer took one of the above-mentioned actions against you or another adverse action, you may have grounds for a retaliation claim. However, this is only valid if the action was motivated by your misclassification claim. Taking legal action against your employer can be difficult and confusing, but with an attorney from our firm by your side, the process will be much simpler.
How Long You Have to File an Employee Misclassification Lawsuit
In most cases, misclassified employees like yourself have three years to take legal action, but in certain cases it can be extended up to four years. Some wage claims however have shorter statute of limitations of only one year.
However, wage cases are unique because most people experience multiple violations over time as opposed to a single violation, like being wrongfully terminated.
As a result, it’s important to contact an attorney at Domb & Rauchweger as soon as possible so that you do not miss out on receiving compensation for any wages owed. Schedule a free consultation with one of our Pasadena employee misclassification attorneys today.
Schedule a Free Consultation With an Employee Misclassification Lawyer from Pasadena
Zack Domb & Devin Rauchwerger are both former partners from an employment defense firm that defended Fortune 500 employers from misclassification, retaliation, and other types of claims like yours.
Domb & Rauchwerger can use their extensive knowledge of employment defense legal tactics to mount a strong case against your employer.
Contact us today to schedule a free consultation with a Pasadena employee misclassification lawyer and learn more about your legal options. If we find you have grounds for a claim, we’ll determine how much compensation you should receive and demand a payment that covers your losses and helps you move past this difficult time.
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