What are rights if my job status has been changed, my pay decreased and my employer wants to classify me as self-employed?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are rights if my job status has been changed, my pay decreased and my employer wants to classify me as self-employed?

I have no contract but do have 26 years of service.

Asked on July 15, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Years of service is, unfortunately, completely irrelevant legally--morally, it may mean something, but in the eyes of the law, 26 years of service gets you nothing. Since all employment is "employment at will" if you don't have a written contract (which you do not), your employer may change your status and pay at will. Whether you can considered (and paid) as "self employed" (better known as an "independent contractor"), though, depends on whether you meet the criteria to be an independent contractor. You can find the criteria on the U.S. Dept. of Labor's (DOL) website, and I recommend that you review them and compare them against your job; but as quick rule of thumb, if you'll still be working more or less the way you worked as an employee for 26 years, you are *not* self employed or an independent contractor. So while you employer can reduce your hours, reduce your pay, change your title or job, etc., they may not be able to legally make you an independent contractor or self-employed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption