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Representing Employees Since 2009
Employee Misclassification
Employment in the United States has many benefits, but it also has its burdens if there is employment misclassification. As a worker in Orange County as well as throughout the rest of California, you will likely either be classified as an employee, or classified as an independent contractor. Employment agreements are reached on a regular basis, and such agreements should have the terms of the employment laid out, including the accurate classification of the employee. Understanding the difference between employee classification and independent contractor classification is crucial to ensure you are getting paid and paying income taxes in accordance with both federal and California state law.
At Nassiri Law Group, our Orange County Employment Law Attorneys come across employment misclassification cases all the time, as this type of employment matter is quite common. Oftentimes, employee misclassification is just a mere mistake; however, mistake or not, the consequences of employee misclassification can be disastrous for both the employer, and the employee or independent contractor. The attorneys of Nassiri Law Group have the resources to fully evaluate your claim and provide you with accurate information that will enable you to reach the decision that is right for you.
Consequences of Employee Misclassification
If you are misclassified as an independent contractor when you should be classified as an employee, you may experience negative consequences including, but certainly not limited to, the following:
- Inability of employee to access crucial benefits, such as health insurance, and the inability to utilize sick leave or personal time off;
- Significant underpayment of taxes, as taxes, social security, and Medicare may not have been withheld from your paychecks, creating a situation where you may owe thousands when taxes are due;
- Failure to obtain overtime pay as an employee would; and
- Inability for a misclassified employee to qualify for unemployment benefits.
As you can see from the list above, employee misclassification can create an unknown number of problems that could follow you around for quite some time. It is always important to address an employee misclassification matter as soon as possible, as the longer you wait, the worse the consequences may be for you. At Nassiri Law Group, we act quickly to protect our clients when they have suffered the consequences of employee misclassification through no fault of their own. Regardless of whether an employer made a clerical error, or intentionally misclassified an employee, the employer must be held responsible if there has been a violation of any federal or state law.
Contact the Orange County Employment Law Attorneys of Nassiri Law Group Today
Employee misclassification occurs much more frequently than many people realize. Whether or not you are classified as an employee versus an independent contractor is crucial to what benefits you have and how you pay your taxes. If you are classified as an independent contractor, you may be stuck paying taxes out of your pocket once April 15 rolls around. There could be additional consequences as well based on your unique circumstances. If your work status has been misclassified, it is important that you speak with an attorney as soon as possible. At Nassiri Law Group, our highly experienced Orange County Employment Law Attorneys handle employee misclassification matters on a regular basis, and have done so successfully. Regardless of what particular employment issue you are dealing with, our strong legal team has the resources and qualifications to provide you with excellent legal representation. If you would like to speak with one of our attorneys about your case, contact Nassiri Law Group today by calling (949) 375-4734 to schedule your free consultation.