If I was misclassified as an independent contractor and terminated in breach of the employment agreement, what is my best plan of action?

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If I was misclassified as an independent contractor and terminated in breach of the employment agreement, what is my best plan of action?

I believe I was wrongfully classified as an independent contractor by a former employer. Furthermore, I believe they violated the terms of the consulting agreement by terminating me without a written notice 14 days prior, as specified in the agreement. The agreement requires disputes to be settled through arbitration, administered by AAA. Would it be in my best interest to pursue arbitration? What damages could I claim?

Asked on July 21, 2019 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

1) If the agreement requires disputes to go through arbitration, you must go through arbitration--you have no choice, and cannot sue instead of arbitration.
2) If they had to provide you 14 days written notice, you could seek wages for the notice period to which you were entitled--i.e. for 14 days wages.


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