If you’re misclassified as an independent contractor in Massachusetts, it could mean you do not receive all the protections and benefits you deserve as an employee. If you believe your employer misclassified you, you can file a wage complaint with the Attorney General’s Office.
A Boston labor and employment law firm can tell you more about your options if you faced misclassification or other misconduct in the workplace. You do not have to try to push back on illegal actions by your employer on your own.
What to Do if You’re Misclassified as an Independent Contractor in Massachusetts
If your employer misclassifies you as an independent contractor, you need to file a complaint with the Attorney General’s Office. You will need to provide proof that your employer misclassified you when filing your complaint.
It’s crucial that you understand the difference between an employee and an independent contractor before you file a claim. Basically, you are considered an employee in Massachusetts unless:
- You work without control or direction from an employer.
- You perform your work outside of your employer’s usual course of business.
- You own your own independent business.
An attorney can give you more information about the distinction between employees and independent contractors and explain what to do if you’re misclassified as an independent contractor in Massachusetts.
For a free legal consultation, call (860) 999-9394
Why Do Employers Misclassify Their Employees in Massachusetts?
Employers may try to misclassify their employees because they want to avoid providing workers with their full rights in Massachusetts. For example, contractors do not receive the same rights regarding overtime pay and minimum wage. Additionally, workers have the right to:
- Accrue sick time
- Get paid bi-weekly
- Get notifications about deductions from their pay on pay stubs
They also receive protection from retaliation by employers. Contractors do not receive these protections, though they do have limited protections against discrimination. When an employer misclassifies you, it strips your rights and can allow them to mistreat you in the workplace.
You should take misclassification seriously and reach out to an attorney for help immediately if you suspect misconduct on the part of your employer.
How Can a Lawyer Assist After You’ve Been Misclassified by Your Employer?
Your employer could face criminal or civil charges if they misclassify you as an independent contractor. You need to reach out to an attorney to discuss the potential consequences of this illegal behavior.
A lawyer will help you decide how you should proceed after you notice mistreatment. Your attorney may:
Help You Gather Evidence
You need proof that your employer engaged in illegal behavior in order to take action against them. You may need to gather information about the tasks you perform at work and any messages from your employer providing direction about your work.
The more evidence you can produce, the stronger your claim can become.
Help You Fill Out Legal Forms
You will need to complete and submit a variety of forms when handling your claim against an employer. A lawyer can help you complete these forms and give you the information you need about when and how to submit them so that you do not miss any deadlines.
Help You Explore All Your Options
You can count on a legal professional to go over all the options available to help you defend your rights in Massachusetts. You may need to take action directly against your employer or join with other workers if your employer misclassifies multiple employees.
You can discuss all these options with your lawyer.
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Will You Get Compensation for Getting Misclassified as an Independent Contractor?
You may receive compensation from your employer if they misclassified you as a contractor. In this situation, you could get funds to cover any wages they should have paid you. For example, they may have to pay you for overtime that they neglected to compensate you for previously.
Your employer could also have to cover your legal fees and other expenses related to their mistreatment. A lawyer can tell you more about the funds you could potentially receive after an employer violates your rights in this way.
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Talk to Us if You Get Misclassified as an Independent Contractor
So, what if you’re misclassified as an independent contractor in Massachusetts? If this happens, you should reach out to our team at Duddy, Goodwin & Pollard for professional help protecting your rights and standing up to your employer.
We have years of experience we can use to help with your legal needs, and we only handle claims involving employment law. We focus on offering our clients personalized care and attention throughout all stages of the legal process, and we’ll fight for you every step of the way.
You can rely on us to openly communicate about your situation and the steps you should take after your employer misclassifies you. We can also look for evidence of other employment violations when you turn to us for professional support and guidance.
Call or text (860) 999-9394 or complete a Free Case Evaluation form