Misclassified as an independent contractor?

Asked 10 months ago - Seattle, WA

I work from home, was trained by the company on how to do the job and use the company software to do the job I submit availability to them and they schedule where they need me We have to ask for breaks and most of the time do no receive them, during work we are all in a chat room with assistant managers who are employees and we all do the same job. I have no control over the work that I do and we have a quality assurance team to monitor our calls and we have goals to reach while working there is a required way of getting the end result which is not my way its theres i did sign a NDA and contract that has the Indemnify, defend, and hold harmless clause which i have no clue what it means we also are required to attend team meetings the managers are employees and are salaried and we

Additional information

we are hourly with no OT pay they are constantly adding more work with the one original contract and say that it is all included we constantly have newbies that only do a portion of my job and are paid the same there is spanish speaking people who get paid more to do less work only because they speak spanish not to mention we have to call a translator for other languages and still are able to assist spanish speakers even if we are english its actually required....do i have some type of case? I live in Charlotte NC but the company is in Seattle Washington

Attorney answers (3)

  1. Thuong-Tri Nguyen

    Contributor Level 20

    Answered . If you are in NC, then it is likely that NC laws apply, not those of WA.

    You should find the government office in NC that handles wage law complaints. In WA, that department is the WA Labor & Industries. The office in NC may have something with a similar name.

    Whether a person is contractor or an employee is determined by the law. An employer and an employee cannot agree to make an employee into a contractor.

    How much control an employer has over an employee's work is a major factor in whether the person is an employee.

    What you describe seems to make you an employee.

    Besides the government office, you can review the specific facts with attorneys in NC.

  2. Crystal Grace Rutherford

    Pro

    Contributor Level 13

    Answered . You really need to consult with an employment attorney. The agreements you signed may or may not state what state's law apply to which agreement. Nonetheless, as you are working in North Carolina, that state's hour and wage laws would apply and from what I understand are not nearly so protective of worker's rights as Washington. Document everything as it happens and then take that information to a local attorney who can advise you as to whether or nor you have a cause of action.

  3. Michael Duane Daudt

    Contributor Level 11

    Answered . You and your co-workers may have a claim. You should seek out an attorney that specializes in employment law to review your circumstances. Someone in my firm would be happy to discuss it with you.

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