Every new position with a company generally requires a contract. The terms of the contract influence the working relationship and may even expand on the protections for workers under the law. Other times, a contract could deprive a worker of legal protections. Professionals usually sign documents affirming their positions as new hire employees or possibly as independent contractors. In some cases, professionals who are actually employees get misclassified by businesses that claim they are independent contractors. What are some of the warning signs of intentional worker misclassification that professionals may need to be aware of for their own protection? Micromanagement Independent contractors are outside professionals who control what work they do and how they perform those functions. In scenarios where employers control details ranging from what work an employee performs to when and how they complete job tasks, the worker may have experienced misclassification. Indefinite arrangements Typically, independent contractors and self-employed professionals sign on for specific projects or tasks. They then negotiate new arrangements every time the same company rehires them for a different project. An open-ended arrangement without specific projects or tasks may actually be an employment arrangement. California has established a relatively simple ABC test that workers can perform to validate their suspicions of misclassification. Those hired as contractors but treated as employees may have grounds to take legal action. Filing a civil lawsuit can compensate workers for unpaid overtime, work schedules that force their pay below minimum wage and even expenses associated with an on-the-job injury. Professionals who believe they experienced misclassification may need to review their contract and work arrangements with an attorney familiar with California’s employment statutes to safeguard their interests effectively.The post What are the warning signs of misclassification? first appeared on JCL Law Firm, APC.

What are the warning signs of misclassification?

What Are the Warning Signs of Misclassification?

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