If you are rendering your services to an organization, you are basically an employee or an independent contractor. How your employer classifies you is important because it determines what benefits and protection you are entitled to receive (and what you are not).
Employee misclassification happens when an employee incorrectly classifies you as an independent contractor when you are indeed an employee. This is illegal. If you believe your employer is deliberately misclassifying you, it is important that you take steps to address the issue.
Here are two signs you need to look out for if you suspect that your employer is misclassifying you as a contract when you are actually an employee.
1. Your employer is setting your work hours and location
With few exceptions, most independent contractors tend to have more control over how and when they can work. If you are expected to show up at your employer’s workplace on a daily basis and work per their schedule, then they are basically dictating how you are doing your job. If they classify you as an independent contractor, then there is a good chance you are being misclassified.
2. You cannot distinguish your job from that of full-time workers
When you look around and notice that you are doing the same job as co-workers who are classified as employees, then you need to ask questions. If you have the same job description as well as work conditions, then it is quite possible that you are being misclassified.
Other signs of misclassification may include:
- A provision in your contract that prohibits you from working for other employers
- If there is no time limit on your contract
- If your employer puts you on a payroll rather than paying for your services via an invoice
Being misclassified as an independent contractor when you should be an employee is a serious violation of your employment rights. Learning more about Florida employment laws can help you protect your rights and interests while pursuing a misclassification claim against your employer.
