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Blog /2024 /August /Are You a Misclassified Worker? Here's Why It Matters.
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Are You a Misclassified Worker? Here's Why It Matters.

Aug 30, 2024 /
Donati Law, PLLC
  • Employment Law /

In Tennessee, the distinction between employees and independent contractors is guided by specific legal criteria. Employers may be tempted to misclassify workers to reduce costs, but this practice can harm workers who are entitled to certain rights and protections under the law.

This article will explain the importance of proper worker classification, how to determine if you are misclassified, and which steps you can take if you suspect your employer misclassified you. Awareness of these issues is crucial for protecting your rights and ensuring fair treatment in the workplace.

Worker Classification in Tennessee

Worker classification in Tennessee is primarily determined by the nature of the work relationship. The key factors include the degree of control the employer has over the worker, the level of independence the worker has in performing tasks, and whether the work performed is part of the regular business of the employer. Employees are typically subject to more control and direction by the employer, while independent contractors operate with greater autonomy.

Why Are Some Workers Misclassified?

Employers often misclassify workers as independent contractors to avoid paying payroll taxes, providing benefits, and complying with labor laws. Independent contractors are responsible for their taxes, are ineligible to earn overtime pay, and aren’t entitled to employment rights, such as those that protect against discrimination and the right to earn the minimum wage.

If an employer is motivated to treat a worker as an employee without providing the rights and benefits that an employee may be otherwise entitled to, the worker may be misclassified.

How to Tell If You May Be Misclassified

Understanding whether you are classified correctly as an employee or an independent contractor is essential for ensuring that you receive the rights and benefits you deserve. Misclassification can have significant financial and legal implications, so it's important to assess your work situation carefully.

Here are some key indicators that you might be misclassified:

  • You receive regular wages, not per-project payments.
  • You work set hours as determined by your employer.
  • Your employer provides the tools and equipment you use.
  • You report directly to a supervisor who controls how you perform your tasks.
  • Your work is integral to the core business of the company.
  • You are required to follow company policies and procedures.
  • You do not have the freedom to work for other clients or companies.

If several of these indicators apply to your situation, you may be misclassified as an independent contractor. Consulting with an employment lawyer can help you access the legal resources you need to assert your rights.

What to Do If You Suspect Misclassification

If you suspect you are a misclassified worker, taking action is crucial. Start by documenting your work conditions, including hours worked, tasks performed, and the level of control the employer exerts over your job. This information will be valuable if you decide to challenge your classification.

You can also file a complaint with the Tennessee Department of Labor and Workforce Development. The department will investigate your claim and determine whether you have been misclassified. In some cases, workers have successfully reclassified as employees and received back pay for overtime and other benefits.

Consulting with an employment lawyer can also help you address misclassification. A legal professional can help you understand your rights, evaluate your legal situation, and represent you in any disputes with your employer. Workers who successfully challenge misclassification may be entitled to compensation for lost wages, benefits, and damages.

Contact Us for Legal Assistance

Don’t wait to address potential misclassification. By contacting Donati Law, PLLC, you can take the first step toward resolving your situation and securing the benefits and protections you deserve. Our team is committed to fighting for workers' rights and will work diligently to achieve the best possible outcome for your case.

Reach out to us today to schedule a consultation and explore how we can help you seek the resolution you need.

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