If I make my employer aware that they’ve misclassified me as an independent contractor, can they fire me?

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If I make my employer aware that they’ve misclassified me as an independent contractor, can they fire me?

I’ve been made aware by an attorney that my employer a
startup has misclassified me as an independent contractor for
over 10 months. I’d like to continue working there, but with the
full time employee status I deserve. If I address this issue with my
employer, do they have the right to terminate me, or would this
be considered wrongful termination?

Asked on May 29, 2019 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It would not be wrongful termination--i.e. they have the right to terminate for this reason. Employment in this nation is "employment at will": you may be terminated at any time, for any reason, including that your employer would rather not employ or pay you as an employee as opposed to as an independent contractor.


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