Employers in San Diego can find many ways to save their companies’ money – but it should never be through unlawful or unfair hiring practices, such as misclassifying employees as independent contractors to avoid paying benefits.
If you have been intentionally or unintentionally incorrectly labeled as an independent contractor, you may be eligible for compensation for wages and rights you should have received. Contact the attorneys at Fairchild Employment Law for a free discussion about your situation.
Why Choose Us for an Employee Misclassification Case in San Diego
- Jillian Fairchild spent 15 years defending employers before founding Fairchild Employment Law. She has firsthand knowledge of how employers fight claims.
- We are committed to helping employees who have been wrongly misclassified and treated unjustly in San Diego. We will guide you through every step of your claim.
- Our employment law attorneys have collected millions of dollars in settlements and judgment awards for our clients. We will deliver real results when you need them most.
- You won’t be charged anything in attorney’s fees for our advocacy during your employee misclassification claim unless we win your case and achieve a resolution.
What Is Employee Misclassification?
Employers in California are required to properly classify or identify their workers as either employees or independent contractors based on the guidelines given by federal and state laws. The failure to correctly classify workers is a tort or wrongdoing that can make the affected individual eligible for financial compensation for related losses.
The federal Fair Labor Standards Act (FLSA) and California’s Assembly Bill 5 provide certain “tests” employers should use to correctly classify workers, such as whether or not the individual is free from the control of the employer and performs work that is outside the scope of the employer’s normal business.
Employee misclassification occurs when an employer mistakenly classifies an employee as an independent contractor, either accidentally or knowingly, to save money. This can have significant repercussions for the worker, as independent contractors are not afforded the same rights and work benefits as employees.
Legal Remedies Available for Employee Misclassification in San Diego
If you are a misclassified worker in San Diego, filing a complaint and bringing a claim or lawsuit against your employer with help from the team at Fairchild Employment Law could result in financial compensation for losses such as:
- Back pay you would have been entitled to had you been properly classified
- Interest penalties on the amount of wages owed
- Attorney’s fees and court costs
- Emotional distress damages
- Punitive damages, in some cases
You should not bear the financial burden of your employer’s mistake or wrongdoing. Reach out to our attorneys to explore your available legal remedies.
How an Employment Lawyer in San Diego Can Help
Employee misclassification is a legal violation that should not go unchecked. Unfortunately, handling your case alone may not lead to the results you need or are legally entitled to. Employers have many resources they can use to fight claims or illegally retaliate; going up against your boss can feel overwhelming.
By hiring an employment law attorney in San Diego, you give the legal burden to an unbiased professional who is committed to advocating for your rights and interests. You can count on your attorney to seek maximum compensation for the wrongdoing committed against you by your employer. Meanwhile, you can focus on yourself and build a brighter future.
Contact Us for a Free Case Review in San Diego
Employee misclassification is a serious wrongdoing that can have major consequences for you as a worker in San Diego. If you believe you have been misclassified as an independent contractor, don’t hesitate to contact us for a free consultation with an experienced employment attorney at Fairchild Employment Law. We are dedicated to the preservation of workers’ rights in California. Call (619) 306-1454 today to find out how we can help.