Misclassifying employees as independent contractors or depriving them of fair wages in any way is illegal in California. Employers throughout the state, including California, are required to deal fairly with their employees. For almost ten years,employment attorney, Mohamed Eldessouky, has been helping workers understand these rights. Mr Eldessouky is experienced at litigating common workplace violations that workers in Hemet, CA face. Any worker who has had their employment rights violated can find legal guidance and representation at Eldessouky Law.
Under California law, employers are prohibited from discriminating against employees, or exposing them to ahostile work environment. It is illegal to force an employee out by retaliation orwrongful termination when they stand up againstwage and hour violations or other illegal conduct. Our employment law firm works incessantly to protect employees from these violations and hold erring employers accountable. If you are being mistreated at work in any capacity, contact our Hemet wage and hour violations attorneys today.
If you have questions about your rights as an employee in California or wish to discuss your case confidentially with one of our experienced California employment attorneys, contact our office at 714-409-8991 or fill out one of our contact forms online.
Misclassification in CA
California law protects employees in a wide variety of ways. You will be familiar with most of these protections such as the right to regular rest and meal breaks, paid leave and minimum wage. But many employers try to escape these obligations by insisting that certain employees are not qualified for these protections. Sadly, in many circumstances, these claims are false and often result in unfairly depriving workers of their rights. Under California law, this situation is referred to as misclassification.
Misclassification is illegal in all cities in CA, including Hemet. The law recognizes that it is unfair for employers to deprive employees of the right to workers’ compensation, family leave and other important protections. As a result, workers who were misclassified can file a claim against their employer to correct this wrong and recover compensation.
If you suspect that your employer is not being upfront with you about your rights at work, you may already be a victim. There are certain signs you can look out for to know if you are being misclassified.
Am I Being Misclassified?
Misclassification occurs when an employer wrongly insists that an employee is an independent contractor. Under California law, common employment rights do not apply to independent contractors. The law regards them as being similar to entrepreneurs. They have their own business and are not under the control of any employer. But many employers fraudulently misclassify people who actually qualify as employees as independent contractors instead.
If you suspect that your employer is misclassifying you as an independent contractor, ask yourself the following questions.
- What kind of work do you do? Do you work on behalf of the employer in customer-facing roles? Is there a supervisor that you are subject to who has to review your work?
- How are you paid? If your employer does not pay for specific tasks you perform but on a continuing basis, like hourly, daily, weekly or monthly, you may be an employee.
A positive answer to any of these questions may mean that you were wrongly classified as an independent contractor. But you should note that these situations are highly subjective. If you believe you were misclassified, it is important to speak with a Hemet misclassification attorney immediately.
Wrongful Termination Attorney in Hemet, CA
At Eldessouky Law, our employment law attorneys proudly fight for the employee rights of workers in CA, including Hemet, CA. We have protected the rights of workers for almost 10 years, with rewarding results.
Apart from the fact that it is wrong to unfairly deny employees of their workplace rights, it is illegal under CA law. Employees in Riverside County are entitled to stand for their rights when exposed to illegal conduct and may file lawsuits to enforce their rights, such as these dealership employees in Hemet.
Reach out to an experienced attorney immediately if you believe your workplace rights are being infringed in any way. We will help you learn about your rights and how to enforce them.
Top Employers in Hemet, CA
With almost 80,000 residents, Hemet is well-recognized for its expansive greenery and sustainable environment. The city is also known for its great art and culture attractions, including being home to the Ramona Pageant, one of the longest running pageants in the US.
Some of the largest employers in Hemet, CA include:
- Hemet Unified School District: 3,642 employees
- Physicians for Healthy Hospitals: 1,042 employees
- Horizon Solar: 650 employees
- County of Riverside: 509 employees
- Gosch Ford, Toyota, Hyundai & Inland Chevrolet: 447 employees
- Walmart Supercenter: 400 employees
- TE Connectivity (formerly Deutsch Co./Industrial Products): 380 employees
- City of Hemet: 300 employees
- ManorCare Health Services: 285 employees
- Forest River, Inc.: 284 employees
- Stater Bros.: 242 employees
- Village Healthcare Retirement: 230 employees
It doesn’t matter what position you occupy at your workplace, all of California’s employment laws apply to you. If your employer is failing to uphold these laws at work, you may have a right to compensation.
Protecting the Rights of Employees in Hemet: Eldessouky Law Practice Areas
Our focus, at Eldessouky Law is on protecting the rights of employees through our concentrated practice areas.
- Hostile work environment
- Severance agreements, terms, and enforcement
- Sexual harassment
- Wage and hour cases, including overtime pay discrepancy claims
- Wrongful termination, including retaliation cases, including whistleblower claims
No matter what kind of injustice you are facing at work, inform our Hemet wage and hour claims attorneys at once. We will help you pursue your employer and recover compensation for the harm done to you.
How to Tell if I Am Being Misclassified
Under California law, the presumption is that you are an employee if what you do does not meet the formal definition of an independent contractor. Labor Code 3357 LC. This means, while independent contractors are not covered under several California employee protection laws, it is your employer that must show this.
The test of determining if a person is an employee or independent contractor is called the ABC test. Under this test, all workers are presumed to be employees unless an employer can show that:
- The worker has freedom in the performance of their work, and is not under the control or direction of the employer
- The work that the individual does is outside the usual course of the employer’s business; and
- The worker has an independent business, trade or occupation of the same nature as the work done for the employer. Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, No. S222732 (Cal. Sup. Ct. Apr. 30, 2018).
If you fall within this definition, you may be considered an independent contractor. But the facts of each situation often vary and it can be quite tricky to determine how it applies.
However, if any of these factors do not apply to you, then you may have been misclassified by your employer. To be certain of your situation, reach out to our misclassification attorneys in Hemet, CA to understand more about your rights in the circumstances.
What if I Signed an Agreement that I Am an Independent Contractor?
Signing an agreement that states you are an independent contractor is immaterial. The burden on an employer to establish that you are not entitled to the full protection of California labor laws does not end with a document. They cannot simply declare that you are an independent contractor.
So, even if you have signed a document, it does not stop you from insisting on your rights and enforcing them against an erring employer. Yellow Cab Cooperative, Inc. v. Workers’ Comp. Appeals Bd. (1991) 226 Cal.App.3d 1288, 1297.
Contact Eldessouky Law for a Free Consultation Today
If you suspect you are being misclassified at work or made to endure any wage and hour violation, contact our attorneys immediately. Call 714-409-8991 to get started on fighting for your rights.