Sometimes employers will blur the lines between classifying workers as employees or independent contractors to benefit them. But sometimes they might simply misclassify you unintentionally. Either way, you’ll need the best employment lawyers in NYC to sort it out to ensure you are compensated fairly. You don’t want to miss out on benefits you might be entitled to simply because your employer made a mistake. Here are some of the distinctions to be aware of and when to get a New York lawyer involved.
Requirements For Being Classified As An Employee
The NYC law firm you work with will look closely at several factors to determine whether you are an employee. Those factors include:
- If your working hours are strictly set by your employer
- If your employer provided you with any equipment to help you do your job
- If you have a direct supervisor
- If you have mandatory training sessions or meetings to attend
- If the employer limits other job opportunities you might have
All of these points indicate you are likely an employee and should be entitled to employee benefits.
What Makes You An Independent Contractor?
A New York lawyer can usually identify when someone should be classified as an independent contractor. Some of the characteristics include:
- If the worker can create their own hours and schedule
- If the worker has multiple jobs with different employers
- If the employer doesn’t pay for any of the worker’s expenses
- If the worker has to furnish their own equipment for the job
This list is not exhaustive, but it’s a good starting point to help you understand whether you should be classified as an independent contractor or not.
Work With A New York Lawyer For Employment Misclassifications
Employment lawyers in NYC can help you in any situation where you feel you have been misclassified as a worker. Employers don’t always maliciously misclassify workers, but it can happen. It’s important to understand that not every situation is clear-cut, so having an experienced New York lawyer on your side will ensure you are compensated appropriately and receive the benefits you are entitled to.
Gordon & Gordon has been a trusted NYC law firm for many years. We have decades of experience dealing with employment issues, including the classification of workers. People often don’t even realize they have been misclassified until they stop and think about their job situation. Getting a New York attorney involved is necessary if your employer disregards your concerns. Don’t hesitate to reach out to us at any time for a free consultation and we would be happy to review your employment situation.