MISCLASSIFIED AS AN INDEPENDENT CONTRACTOR

Asked 12 months ago - Charlotte, NC

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

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 I wrote for Washington. And was advised to reach ought in Nc

Attorney answers (4)

  1. Kenneth Love Jr.

    Contributor Level 18

    2

    Lawyers agree

    Answered . Contact the NC Department of Labor and file a complaint stating that you have been misclassified.

  2. Richard L. Huffman Jr.

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Mr. Love is correct. You should contact the NC Department of Labor. You have to exhaust your administrative remedies before you can file a law suit. That is you have to file the claim with the Dept. of Labor and let them try to resolve it. If they are unable to resolve the claim then the Dept. will give you a "right to sue" letter that allows you to file a civil lawsuit. Unfortunately, the Dept. of Labor is very lax in pursuing claims. Thus, do not assume that your problems will be resolved once you notify the Dept. You may still need to hire a lawyer to protect your rights.
    It is not uncommon for some companies to try to misclassify 'employees' as 'independent contractors'. The courts will not look at what you are called but will look, among other things, the degree of control the company has over you. From the information you gave, it is likely that you should have been classified as an employee.
    Good luck.

    I am licensed to practice law only in North Carolina. My answer provides only general information. Do not rely on... more
  3. William Edward Morgan

    Contributor Level 4

    1

    Lawyer agrees

    Answered . Employees are often misclassified as "independent contractors." You have identified the primary thing that the Department of Labor and the Employment Security Division look at when determining if someone is an employee or an independent contractor--control. It sounds like you are an "employee" who has a work schedule and work performance closely monitored and controlled by an "employer." As an employee, you have certain rights under

    My experience and understanding is that, unlike for a discrimination claim, you may bring Wage and Hour claims without exhausting your administrative remedies. The Commission itself must exhaust administrative remedies first. You will need to consult a lawyer who focuses on employment law.

  4. Christine B. Adams

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Mr. Love gave you excellent advise, I would take it if I were in your situation.

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