What to do if if I missclassed and wrongfully terminated?

My significant other and I work for a remote company. We were put under investigation for an unknown reason and were told that we would receive an update within 15 business days. However, we never received one nor a response to any of our emails. Now, a month later, we realize that our accounts have been disabled. We currently live in TX and our employer is a CA based company. We were also curious if we were misclassed as freelance workers.

Asked on January 18, 2019 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First, unless--
1) You were fired in violation of a still-in-effect (unexpired) written employment contract for a definite period of time (e.g. a one-year contract, two-year, etc.); or
2) You were fired due to your race, religion, color, national origin, sex, age 40 or over, or disability
--it was not wrongful termination. Without an employment contact, you were employees at will, and employees at will may be terminated at any time, for any reason other than discrimination due to the categories or characteristics defined above. Without a written contract, you have no right to your job; your only right is to not be discriminated against for certain specific reasons.
Second, as to whether you were misclassified: you have not provided enough information about your job, how you were supervised, etc. for us to offer an opinion. Here is a link to an IRS discussion of the difference beween employees and independent contractors (freelancers) which may be helpful: https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-defined


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