A misclassification can cost you thousands of dollars in wages and benefits. But you don’t have to accept it. If you believe your employer classified you as an independent contractor or as an exempt employee, our Glendale employee misclassification attorneys at KJT Law Group are here to fight for the wages and benefits you deserve.
Get help today from our Glendale employment law lawyers.
Why Work With Our Glendale Employee Misclassification Team
When facing the complexities of employee misclassification, you want a legal partner who truly understands the fight ahead. Our firm embodies a commitment to justice for workers. We’ve successfully recovered over $100 million for our clients and bring over 10 years of experience to every case we handle.
We stand apart from other firms because we are committed to you. We are not a mill, and we intentionally limit our caseload. This allows us to provide every client with exceptional care, attention, and support, ensuring you know you are our priority. You’ll work directly with your dedicated attorney, ensuring personalized legal support that is tailored to your unique needs, concerns, and goals. We also offer services in English, Spanish, and Armenian to better serve our diverse community in Little Armenia and throughout Glendale.
Our team is dedicated to fighting for you. Unlike many firms that refer cases, we try them, and our proven track record of success speaks for itself, with millions recovered for our clients. No case is too small, and no odds are too daunting for us. We roll up our sleeves, get to work, and win for our clients, crafting legal strategies designed specifically for your situation because we understand that no two cases are exactly alike.
What Counts as Misclassification? Why Does It Occur?
Misclassification can be intentional or unintentional. Employers may misclassify workers as independent contractors in an attempt to avoid paying them a salary or benefits. Misclassification can also occur when an employer classifies a non-exempt employee as exempt. Employers may also accidentally misclassify an employee due to a misunderstanding of the law.
The Difference Between Employees and Independent Contractors
The biggest difference between independent contractors and employees is the work relationship. If your employer controls how and when you work, you may be an employee.
How to Determine Whether You Have Been Misclassified
We can determine whether you are properly classified as an employee or an independent contractor by applying the ABC test. Under California law, and as outlined by the state’s Department of Industrial Relations, a worker is presumed to be an employee unless the employer can satisfy all three parts of this test.
To be considered an independent contractor:
- You and your work are not controlled or directed by the hiring entity. This means you have genuine independence in how you perform your job, including setting your own schedule and methods of completing the work.
- You perform work outside of the usual course of the hiring entity’s business. For example, a delivery driver working for a delivery company or a stylist working for a salon would typically be considered part of the company’s core business, not independent contractors.
- You are regularly engaged in an independently established business similar to the work you perform. This often means you have your own clients, advertise your services, or operate as a separate business entity.
If your employer cannot prove all three of these elements, you should likely be classified as an employee and may be entitled to unpaid wages, benefits, and other protections under California law.
What Compensation Can I Recover If I Have Been Misclassified?
If you were misclassified, you could be eligible for several different types of compensation. We can fight for compensation for:
- Unpaid minimum wages if you were misclassified as an independent contractor
- Unpaid overtime wages if you were misclassified as exempt
- Interest on any unpaid wages
- Statutory penalties
- Meal and rest break penalties
- Reimbursement for expenses related to your work, which is common for employees misclassified as independent contractors
You may also be entitled to recover attorney’s fees and legal costs.
What Can We Do for You If You Have Been Misclassified in Glendale?
If you have been misclassified in Glendale, we can build a case establishing that you are an employee. We begin by:
- Reviewing what is expected of you as an employee or independent contractor
- Reviewing employment records
- Looking into the pay structure to establish whether you are exempt or non-exempt
- Collecting documentation and other evidence
- Determining the wages and benefits you are owed
Getting Help After a Misclassification
If you have been misclassified, you may be entitled to unpaid wages, benefits, and penalties under California law. These cases can be complex, but we are here to help. We evaluate your situation, build a strong claim, and fight for the compensation you deserve. You pay nothing unless we win. Contact us today for a free consultation and take the first step toward protecting your rights.
FAQs
What Do I Do If I Think I Have Been Misclassified?
If you think you have been misclassified, you should begin by gathering documents that reflect your working relationship. This may include pay stubs, contracts, schedules, job descriptions, and any emails or messages showing how your employer directs your work. These details can be critical in determining whether you were properly classified.
You should also be cautious about signing any new agreements from your employer without legal review, as they may attempt to reinforce the misclassification.
Most importantly, contact an experienced employment lawyer from KJT Law Group as soon as possible. We can assess your situation, explain your rights under California law, and guide you through the process of pursuing compensation. Acting quickly can help preserve evidence and strengthen your claim.
Can My Employer Fire Me?
No. Your employer cannot retaliate against you in any way for filing a complaint or lawsuit. They cannot fire or demote you or create a hostile work environment as a way to punish you for taking action. If you are demoted or fired soon after filing a claim, our Glendale wrongful termination lawyers can hold your employer accountable.
Can I Afford a Misclassification Lawyer?
Yes. You have enough to worry about dealing with your unpaid wages and benefits. Our team takes misclassification cases on a contingency fee basis. You don’t pay us anything upfront and only pay us for our time if we win.
How Long Do I Have to File a Claim in California?
In California, the time you have to file a misclassification claim depends on the type of compensation you are seeking. Generally, claims for unpaid wages and overtime must be filed within three years.
Determining the proper deadline can be difficult, so it is important to act quickly. Speaking with an employment lawyer as soon as possible can help ensure you do not miss any critical filing deadlines and preserve your right to recover compensation.
Can I File a Claim Against My Current Employer?
Yes, you can file a misclassification claim against your current employer. However, these situations can be sensitive. An experienced employment lawyer can help you understand your options, protect your position, and guide you through the process in a way that minimizes risk while pursuing the compensation you deserve.