30+ Years Experience In the Legal Field
Mischaracterization/Misclassification of Workers
Texas Employment Law Attorneys
Employers stand to save a lot of company money by classifying their workers as independent contractors rather than salaried employees. However, the benefits employers experience from doing so come at the cost of the employees who work for them.
If you were misclassified as an independent contractor, don’t wait to hire an employment law attorney. If the IRS gets involved and determines you’ve been misclassified, they can demand that your company recognize you as an employee and your employer may even be required to pay substantial penalties and taxes for the misclassification.
Why Employers Misclassify & What It Could Mean For You
By definition, independent contractors are in business for themselves, which means they are not provided the same legal protections standard employees enjoy, i.e. benefits, unemployment insurance, etc. Because independent contractors typically cost less than employees, some employers misclassify their workers as independent contractors even though they are actually employees.
When you are misclassified as an independent contractor, you:
- Will not be eligible for unemployment benefits, nor will your employer be expected to pay for your unemployment insurance
- Will not be eligible for workers’ compensation benefits, nor will your employer have to pay for your workers’ compensation
- Will not be eligible for healthcare coverage as an employee under Obamacare
- Will not have the same workplace rights as standard employees, i.e. minimum wage, rest breaks, overtime pay, sick pay, etc.
- Will have to pay all Social Security and Medicare taxes out-of-pocket because your employer will not be expected to pay half of the taxes (as they are with a standard employee)
Contact Waltman & Grisham Attorneys At Law
At Waltman & Grisham, we pride ourselves on providing our employment law clients with reliable, effective legal representation. If your employer misclassified you and you need legal help to make it right, don’t hesitate to contact a Texas employment law lawyer at our office. Backed by past case successes and a longstanding history in the community, we can be trusted to help you fight for the rights and benefits you’re rightfully entitled to.