Worker classification disputes are common in the state of New Jersey. These disputes can not only have a large effect on things such as a worker’s and an employer’s taxes, but also an employee’s rights to benefits, including workers’ compensation insurance, as well as overtime pay, liability, and more. If you are involved in an employment classification dispute, the attorneys at the Sattiraju Law Firm, P.C.—one of the premier employment law firms in New Jersey—can represent you.
Am I an Independent Contractor or an Employee?
Knowing whether you are a self-employed independent contractor or an employee can be difficult. And in many cases, your employer may wrongfully classify you as an independent contractor, even when you are technically employee, to avoid liability and the requirement to pay certain benefit types.
According to the Internal Revenue Service (IRS), a person is an employee if his or her employer controls what will be done and how it will be done. Furthermore, the National Law Review summarizes the ‘ABC’ test that is used to classify employees. Under the test, an individual can only be classified as an independent contractor in the event that he or she:
- Has been and will continue to be free from direction or control in regards to work performance;
- Performs work for the business that is outside the normal and usual course of business and employee practices; and
- Is engaged in an independently established occupation or trade.
What Does an Employment Classification Lawyer Do?
An employment classification lawyer can help you to prove that you are in fact an employee, not an independent contractor, of the business for which you work. This is a common need of those in the trucking industry, drivers, those who work in construction, and workers in other industries where independent contractors are common. An attorney can not only help you to prove your status as an employee, but can also help you to prove that due to your employee status, you are entitled to certain employee protections.
Call an Employment Lawyer in New Jersey for Help
At the Sattiraju Law Firm, P.C., our New Jersey employment classification lawyers have represented countless clients whose employment classification status was incorrect, and we have a high success rate with these case types. Misclassification of employees often results in denial of employee rights, such as failing to pay overtime, failing to pay certain benefits, failing to pay workers’ compensation claims, and failing to take liability under the theory of vicarious liability. If you are ready to set your worker classification status right, do not hesitate to call our New Jersey employment attorneys today to schedule your free case consultation today.