Were you wrongly classified as an independent contractor by your employer in Phoenix, Arizona? If so, Houk Employment Attorneys can help you take appropriate legal action to recover what you’re owed. Contact our Phoenix independent contractor misclassification lawyers today at (480) 569-2377 to schedule an initial consultation and get started.
Our top-rated employment law firm brings 45 years of combined experience to these cases and has recovered millions of dollars for workers throughout the state. We’ll do everything we can to hold your employer accountable if you hire us for your case.
How Houk Employment Attorneys Can Help With Your Misclassification Claim in Phoenix, AZ
Worker misclassification is one of the most common employment law violations in Arizona. Often, however, people do not even realize they have been misclassified until long after the damage has already been done. This is where having experienced legal representation on your side can make all the difference.
Houk Employment Attorneys has successfully stood up for the rights of employees in Phoenix, AZ, for years.
When you hire our experienced Phoenix employment lawyers to handle your misclassification case, we can:
- Look closely at your working arrangement to determine whether misclassification took place
- Gather evidence such as contracts and pay records to support your claim
- Calculate the full extent of the wages and benefits you were denied
- Negotiate with your employer or their legal team on your behalf
- File a lawsuit and represent you in court if necessary
Our legal team is committed to holding your employer responsible for what they’ve done and making sure you receive every dollar you are owed. Contact us today for more information about your legal rights and options.
What Is Independent Contractor Misclassification?
Independent contractor misclassification occurs when an employer labels a worker as an independent contractor rather than an employee. Employers often do this to avoid providing certain benefits and legal protections to which employees are entitled under the law. While there are plenty of legitimate independent contractor relationships, the line between employee and contractor is not always clear.
Some of the benefits and protections that misclassified workers may be wrongfully denied include:
- Minimum wage and overtime pay
- Workers’ compensation coverage
- Unemployment insurance
- Health insurance and retirement benefits
- Protection under anti-discrimination and anti-retaliation laws
Employers who misclassify their workers save money on a wide range of expenses, including payroll taxes and benefits packages. In many cases, this is done on purpose to cut costs at the worker’s expense. Regardless of whether it was intentional, however, you still have the right to pursue a claim if you were harmed by the misclassification.
How Does Arizona Determine Whether a Worker Is an Employee?
Arizona uses several factors to determine whether a worker has been properly classified as an independent contractor or should be treated as an employee. The state will typically look at the overall nature of the working relationship rather than any one detail in isolation.
Some of the key factors that are considered in this analysis include:
- How much control the employer has over how and when the work gets done
- Whether the worker uses their own tools and equipment
- Whether the worker has the ability to profit or lose money based on their own business decisions
- How long the working relationship has lasted
- Whether the work being performed is a core part of the employer’s regular business
No single factor will determine the outcome on its own. Instead, the decision is based on the full picture of how the relationship actually functions in practice.
What Kinds of Financial Relief Can I Recover in a Phoenix Employee Misclassification Claim?
If you were misclassified as an independent contractor, you may be able to recover the compensation you should have been receiving all along.
Depending on the facts of your case, this could include:
- Back pay for unpaid overtime
- Reimbursement for expenses your employer should have covered
- The value of the benefits you were wrongfully denied
In some situations, additional penalties may apply against the employer as well. While these are meant as a form of punishment for your employer, they do end up in your pocket if they are awarded nonetheless.
Schedule an Initial Consultation With Our Phoenix Independent Contractor Misclassification Attorneys
If you suspect that your employer has been misclassifying you as an independent contractor in Phoenix, AZ, do not wait to seek legal help. The longer the situation goes unaddressed, the more wages and benefits you could be losing out on.
Call Houk Employment Attorneys today to set up a consultation. With 45 years of combined experience and millions of dollars recovered for our clients, our Phoenix independent contractor misclassification lawyers have the track record to handle your case from start to finish.
Visit Our Employment Law Office Located in Phoenix, AZ
Houk Employment Attorneys
631 N 1st Ave Suite 101, Phoenix, AZ 85003
(480) 569-2377
