If I make my employer aware that they’ve misclassified me as an independent contractor, can they fire me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I make my employer aware that they’ve misclassified me as an independent contractor, can they fire me?
I’ve been made aware by an attorney that my employer a
startup has misclassified me as an independent contractor for
over 10 months. I’d like to continue working there, but with the
full time employee status I deserve. If I address this issue with my
employer, do they have the right to terminate me, or would this
be considered wrongful termination?
Asked on May 29, 2019 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
It would not be wrongful termination--i.e. they have the right to terminate for this reason. Employment in this nation is "employment at will": you may be terminated at any time, for any reason, including that your employer would rather not employ or pay you as an employee as opposed to as an independent contractor.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.