San Diego Employee Misclassifications Attorneys
Is Your Employer Improperly Classifying You?
The law requires employers to pay certain benefits and payroll taxes for their employees. Unfortunately, some employers try to avoid paying required payroll taxes or providing them with required benefits and place them in a position of having to pay all of their own taxes by classifying them as “independent contractors” and giving them a 1099 tax form rather than a W-2. Misclassification of employees is not only wrong; it is also illegal.
At Haeggquist & Eck, LLP, we can help if you’re an employee who has been improperly labeled as an independent contractor by your employer. We’ve helped many clients like you seek fair and just compensation and hold their employers accountable for misclassifying them. Our employee misclassification attorneys in San Diego are dedicated to helping you every step of the way toward your best possible chance of a settlement or jury award in your favor.
Other Types of Incorrect Worker Classification
Misclassification occurs in a variety of ways other than treating employees as independent contractors. Employees are sometimes paid completely “off the books” or paid “under the table,” usually in cash. Employees who have no management responsibilities or are actually hourly employees are expected to work overtime hours without overtime pay by misclassifying them as managers.
Employers do this to avoid paying:
- Social Security
- Workers’ Compensation
- Unemployment Insurance contributions
- Retirement plans
- Healthcare plans
This significantly reduces the value of the employees’ compensation and denies them the safety net that the law provides for, while cheating the government out of legitimate employment taxes.
If you feel that your employer is deliberately misclassifying workers to skirt the law, the San Diego employee misclassification attorneys at Haeggquist & Eck, LLP can help. Our attorneys are experienced and dedicated professionals who are committed to protecting your rights in the workplace.
Penalties for knowingly misclassifying an employee can be anything from $100 to $750 or more per day that the employee was misclassified. Employers can also be penalized with as long as six months in jail. Employers shown to be fraudulently misrepresenting the status of their employees will also be required to pay the required taxes for the misclassified worker. Other penalties and restrictions can be placed upon your employer as well. With our experience on your side, you will have the best chance of recovering money and benefits that you have been denied by your employer’s wrongdoing.
Contact Haeggquist & Eck, LLP for help if you think you’re a misclassified employee.
- Accommodation for Disabilities
- California Family Rights Act
- Equal Pay
- Expense Reimbursement
- Fair Employment Housing Act
- Fair Labor Standards Act Wage Claims
- Family Medicare Leave Act (FMLA)
- Hostile Work Environment
- Meals & Rest Breaks
- Misclassification of Employees
- Pregnancy Disability Law
- Sexual Harassment
- Unpaid Wages & Overtime
- Wrongful Termination
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