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Orange County Independent Contractor Misclassification Attorney

Our dedicated independent contractor misclassification lawyers in Orange County have helped numerous employees receive compensation for overtime and benefits that they were wrongfully denied.

Call (949) 379-6250 to schedule a free consultation today. We take many cases on a contingency fee basis, meaning you don’t pay fees unless we win.

Are You Being Unfairly Compensated Because of Your Employee Status?

At your job, you can be classified as an employee or an independent contractor. How you are classified plays a significant role in the way you are compensated. An independent contractor is not considered a full-time employee and is therefore not entitled to the same benefits.

Employers have been able to get away with this by hiring people who are unaware of the difference between independent contractors and employees. Many people who qualify as employees have been intentionally misclassified so that the employer can benefit. Thankfully, you do have a way to fight back.

Am I an Employee or Independent Contractor?

Generally, an independent contractor is someone who works for themselves and offers services to businesses. Most freelancers are independent contractors. As an independent contractor, you are responsible for paying your employment taxes, purchasing medical insurance, and keeping track of your income so you can report it on your taxes. Independent contractors are usually not eligible for unemployment benefits.

An employee is someone who works directly for an employer and is told what work to do, when to do it, and how to do it. Your employer has the right to dictate the details of your job and terminate your employment if you deviate from their rules. In exchange, you are entitled to numerous benefits, including:

  • Overtime pay
  • Healthcare benefits
  • Paid time off (PTO)
  • Pension
  • Safety equipment
  • Job training

Requirements for Being an Employee in California

To be viewed as an employee, there needs to be an employer-employee relationship. There are several factors that courts weigh to determine whether a person is an employee or an independent contractor. The primary factor courts consider is whether the individual or company has the right to control the manner and means in which the worker performs his job. Other factors include:

  • Whether the worker is involved in his own enterprise independent of that of the individual or company
  • Whether the work performed by the worker is part of the regular business of the individual or company
  • Whether the individual or company provides the worker with instruments and equipment necessary to perform the essential functions of the position
  • How long the working relationship is expected to last
  • How the worker is paid

There is a strong presumption that workers are employees, which means the individual or company has the heavy burden of establishing the above factors.

A big misnomer is you are an independent contractor if the individual or company tells you that you are. The fact a worker may be treated as an independent contractor is of no significance in determining employment status. Even if a worker receives an IRS Form 1099 from the individual or company, which form is usually provided to independent contractors, this does not confirm that a worker is an independent contractor.

What Do I Do If I’ve Been Misclassified?

If you have been misclassified by your employer, you should reach out to our Orange County employment law lawyers. You could receive compensation for lost wages, overtime wages, attorney fees, benefits, and more. Compensation for your lost wages may also include interest.

There is no reason for an employer to misclassify you as an independent contractor. Contact Aegis Law Firm today and make sure you are getting paid what you are owed.