Employee misclassification is a common mistake and fraud committed by employees and employers for personal gain. By misclassifying employees, one can steal their wages and violate their rights. Fortunately, there are ways one can escape this injustice. There are laws and rights protecting employees from this kind of misconduct in the workplace. 

If you believe your employer has not considered you an employee when you clearly are one, you deserve justice. You must speak to an attorney from Hayber, McKenna, & Dinsmore and learn more about your legal options. Meanwhile, it is important to have the answers to some of the most commonly asked employee misclassification questions to understand the situation better. 

Employee misclassification FAQs 

• Why is it important to know whether an individual working in a company or business is an employee or an independent contractor? 

An individual’s employment status in a particular company determines their payment of wages and other benefits that they receive from their employer. Designated employees of a company and independent contractors have different roles and get paid differently. For example, independent contractors do not get the benefit of vacation pay, but employees do. Therefore, it is important to determine the status of employment before hiring someone. 

• Do independent contractors enjoy the rights under the Employment Standards Laws?

No. The Employment Standards Laws are only for the designated employees of a company, regardless of whether they are full-time, part-time, temporary, or permanent. However, the act does not apply to independent contractors since they are not considered a part of the company or business they are working for. Independent contractors are considered self-employed people who are not working under someone else. 

• Is a written agreement enough evidence to prove an individual is an independent contractor?

Yes. A written agreement established between the individual and the employer or client can act as evidence that they are an independent contractor and not an employee. The employment contract outlines the different terms and conditions of the employment and the nature of the working relationship. If you have documented proof showing that you are an employee and your employer is not recognizing you as one, you can file a claim. 

• What can you do if an employer misclassifies you as an independent contractor when you are an employee?

Suppose you can prove that you were misclassified by your employer as an independent contractor when in reality when you are an employee; it creates substantial liability for the employer. Your employer could face fines, tax bills, interest, and penalties. Further, you can also file lawsuits to recover damages.