Can I sue for employee misclassification as independent contractors in South Florida even if I'm currently working for them

Asked about 2 months ago - Miami, FL

I've been working for a delivery company in south Florida for the past 5 years and I am currently working for them since I have no choice. I am afraid of suing them, and to lose my job with a family to support or that they give me less work to do, once I decide to move on with the lawsuit. I have done my research and they force me to wear uniform, with specific colors. Have signs on my van. They call me every day giving instructions and tracking the time I am taking to perform the work and a lot more things. I am working around 15-18 hours a day and they are forcing me to settle for an even lower price to work for, otherwise they will hire someone to perform for less, or take way part of the route I have. Please I can't take risk of not having a paycheck but they deserved the lawsuit.

Attorney answers (2)

  1. John Greel Ralls Jr.

    Pro

    Contributor Level 11

    1

    Lawyer agrees

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    Answered . You always have a choice. Good workers are hard to find and command a premium. This is your typical employee v. independent contractor dispute. Once both sides present their facts you may lose this dispute or you may win. Their argument will probably be that they monitor your work in order to verify your efficiency and customer service; and that they give you a task to accomplish, whether that takes 6-8 hours or 15-18 hours is up to you.

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  2. Richard Bernard Celler

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Hi there. You can absolutely sue them for misclassification. The law prevents them from retaliating against you in any way under 29 USC 215(a)(3). The likelihood is that they are not stupid enough to fire you if you pursue your rights. If they do, they will be liable to you for wrongful termination.
    It's always a tough decision to file a lawsuit. You have a family to protect. But, on the other hand, if the company is stealing money fr

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