When an individual feels they have been wrongfully employed for a period of time, they may wish to file a lawsuit in federal court against the employer for misclassification of employment. Misclassification of employment occurs when an employer does not make certain that an employee is actually on the payroll of another company. For example, an employer fails to confirm an employee’s employment status which results in an employee receiving wages from an employer who is not the one that the employee has always expected to work for.
In addition to receiving wages from an employer who is not the one they have always expected, employees who have this experience can also receive back pay and other benefits from a wrongful death lawsuit filed by relatives or friends who died while a loved one was working.
If you are an employee who has suffered wages lost due to a negligent hiring practices or if you were improperly scheduled for overtime, you may be able to recover the wages you would have otherwise lost. Often times, victims of this type of negligent scheduling practices will negotiate with their employers to agree to modified schedules in hopes of having their compensation restored.
However, sometimes victims of this misclassification experience that their employers will not agree to the modified scheduling or that they will not restore any compensation due to them. This is when the lawsuit comes into play.
There are two main types of misclassification lawsuit settlements in the state of Florida that often affect workers including: independent contractors, general contractors, and miscellaneous contractors.
Independent contractors are those individuals that contract with a business to perform tasks that are performed independently of the business. In contrast, general contractors are those businesses that employ other employees to do the majority of the work. General contractors are commonly involved in construction projects such as remodeling, building, and paving.
The problem with misclassification lawsuit happens when an independent contractor fails to perform work according to the contract that was originally agreed upon.
An example would be a kitchen interior designer who fails to finish a remodel project because he was unaware that certain walls were not fit for use as insulation. Likewise, general contractors that misclassify their employees can include home builders who fail to complete projects on time because of the classification of their workers.
Additionally, misclassified employees that are engaged in miscellaneous tasks, such as cleaning, painting, and yard work can also be held responsible. In both of these situations, the business owners may be liable for injuries or damages sustained by their independent contractors and their subcontractors.
For many misclassified workers, the best recourse is to seek misclassification lawsuit help from lawyers and law firms that specialize in employment law.
Attorneys experienced with handling misclassification cases will understand the process as well as the legal defenses that contractors may use to circumvent the misclassification. They can effectively represent the workers and the employers throughout the entire litigation process and provide advice on how best to resolve the situation. Furthermore, misclassification attorneys can prevent further legal problems for both sides by securing appropriate compensation and avoiding additional hardship for the workers. Some of the common defenses used by contractors in these lawsuits include:
Many contractors that engage in misclassification claims will attempt to avoid discussing the matter with lawyers but it is often better to face the issue head-on and deal with it legally.
By taking immediate action, employers can save themselves from financial disaster and avoid the long-term labor costs that come along with misclassifying their employees. Because misclassification cases can have long-term labor and unemployment implications, it is advisable that employers take immediate action to avoid potential complications in the future.