San Diego Independent Contractor Misclassification Lawyer
Misclassification as an independent contractor instead of an employee can be illegal and can lead to substantial damages if proven at trial. Employers who illegally use independent contractors instead of employees in many cases are doing this to try to save money and responsibilities under employment laws.
Employers who use independent contractors instead of employees save money on payroll taxes, workers compensation, health benefits, vacation time, sick time, unemployment benefits, overtime compensation, and retirement plan costs.
Our firm has a strong history of helping clients when their employer attempts to classify them as independent contractors instead of employees.
Am I an employee or independent contractor? Clarity from the California Supreme Court in Dynamex.
The California Supreme Court recently clarified the proper test to determine the employment relationship in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018). In that case the Court established the “ABC test” to determine the employment relationship and noted that this test would “provide greater clarity and consistency.” Under the ABC test, all workers are presumed to be employees unless a Defendant can prove all of the following:
A. The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for performance of the work and in fact; and
B. The worker performs work that is outside the usual course of the hiring entity’s business; and
C. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
While Dynamex has provided clarity in California for figuring out the question of employee versus independent contractor, it can be overwhelming for an individual to know what to do if this has happened to them.
Getting Help from a San Diego Independent Contractor Misclassification Lawyer
Humphrey & Rist provides free, confidential consultations to anyone who needs help identifying whether they have been misclassified as an independent contractor. Our attorneys will take the time to review every aspect of your case in the context of the new Dynamex ruling and can help to determine what your potential damages could be if a civil case is pursued. Also, our office handles employment matters on a contingency fee basis, which means you do not owe us anything unless we win your case at trial or obtain a settlement.
For more information, or to speak to San Diego Independent Contractor Misclassification Lawyer today about your case, call us at (619) 488-6400.