Employee Misclassification Legal Options

Summary

Misclassification as a 1099 worker can affect your rights and benefits. If your employer controls your schedule and provides tools, it may indicate employee status. You can file a complaint with the new york department of labor or consult an attorney for potential compensation or reclassification. Back pay may include recovery of unpaid wages and benefits. Consider discussing reclassification with your employer or seeking legal advice.

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I had some general questions regarding my working situation. I believe I am misclassified as a * and have even tried to bring this up to my bods
Misclassification can have significant implications. Here are a few things to consider in New York:
- Control: Does the employer control how you work?
- Payment: Are you paid by job or by hour?
- Tools: Do you use your own tools and equipment?
Are you looking to pursue any legal action regarding this issue?
I am a music instructor at a local music school as well as their marketing director, however I am considered a * for both of these. I work hourly, with a schedule that is managed by the school, and do not set my own rates.
Misclassification issues can be complex, but here's some information that might help:
- Control: If the school sets your schedule and rates, it suggests employee status.
- Payment: Being paid hourly aligns more with employee status.
- Tools: If the school provides tools, it indicates employee status.
Are you considering consulting with a lawyer about this?
I am thinking about it, I haven't decided for sure yet. Also, the school does provide tools and the facility for the lessons, although I also use my own as well.
Case Rating: *
It seems like you might have a strong case for potential misclassification as an independent contractor. Would you like to be connected to local lawyers who can better assist you with your case?
Maybe, I'm not sure yet. What more can you tell me about my options and situation?
Case Rating: *
In New York, worker misclassification can affect your eligibility for benefits and protections like unemployment insurance and workers' compensation. If the school sets your schedule and provides tools, it may indicate employee status. Consulting with a lawyer can help you understand your rights and possible actions.
That sounds good
Case Rating: *
It looks like you have a potentially strong case for misclassification. In New York, being classified incorrectly can impact your rights and benefits. If you're considering legal action, consulting with a lawyer could provide clarity. Let me know if you need further information!
What kind of legal action can I take?
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In your situation, you might consider the following legal actions:
- File a Complaint: You can file a complaint with the New York Department of Labor regarding misclassification.
- Consult an Attorney: Consider legal advice for potential compensation or reclassification.
- Negotiate with Employer: Discuss reclassification directly with your employer.
If you have more questions, feel free to ask!
How would back pay work for a misclassification?
Case Rating: *
Back pay for misclassification involves compensation for lost wages and benefits due to being incorrectly classified as an independent contractor instead of an employee. In New York, this may include:
- Recovery of unpaid wages, including overtime.
- Compensation for benefits that employees are entitled to, like health insurance or paid time off.
- Possible penalties or interest on unpaid amounts.
Would you like more information on any of these aspects?