What can I do if I’m being misclassified as an independent contractor?

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What can I do if I’m being misclassified as an independent contractor?

I have been working for a telemarketing company for the last 2 years. They pay me $13 hourly and I use their online database and would be unable to do my job without using it. I must ask permission to take days off of work and was told today that I may not take a vacation or they will fire me. I have to send an attendance email to request days off and was called by my “boss” and told that we are closed Friday and I can’t take off before then. I have a supervisor that gives me reviews every few months and she tells me how and what to say. I was told that I could make my own schedule when I was hired but that includes working at least 5 hours per day (5 days per week).

Asked on June 29, 2015 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As you suspect, based on the factors you describe in your question, you are almost certainly an employee, not an independent contractor. That means you should be paid overtime when working more than 40 hours in a week; should have taxes withheld for you and the company pay its share of social security, etc. taxes; and should get benefits (e.g.  vacation, sick days, health insurance) if your employer provides those. You should contact your state labor department look to file a complaint against your employer for its misclassification, in order to recover compensation you lost due to the mischaracterization; alternately, you could hire an employment law attorney and bring your own lawsuit.


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