Misclassifying Employees as Contractors | Barrett & Farahany

Helping employees find justice in eleven states with offices in Illinois, Georgia, and Alabama.

Misclassifying Employees as Contractors

Transcript: A lot of people can be confused about whether they are a contractor or an employee. A lot of times, folks will come in the office and they have been issued a 1099 from their employer who they thought there was their employer, but, in fact, they were called a contractor. Employers do not have the right to unilaterally decide that an employee is a contractor. In order for a person to be a contractor, they must be operating their own business and have a separate entity from the company. If the company controls your work, tells you where to come every day, gives you everything you need to perform your job, you’re most likely an employee, and you’re due overtime, and you could be due back wages, if you’ve been misclassified. If you find that your employer has misclassified you as a contractor, you should call our office for a free consultation. We can listen to your story, talk to you about the factors that go into deciding whether you’re an employee, and possibly help you get back wages you’re owed.

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Barrett & Farahany

Georgia Office

3344 Peachtree Road NE, Suite 800
Atlanta, GA 30326

Alabama Office

2 20th St N, Suite 900,
Birmingham, AL 35203

Illinois Office

77 W. Wacker Dr. Suite 4500
Chicago, IL 60601


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