Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.
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Hiring a lawyer can often feel like a drastic step. This can be especially true for situations concerning employers, as many employees feel that hiring a lawyer will leave them open to potential retaliation. Unfortunately, employers do not always adhere to employment regulations as strictly as they should, and filing a complaint with a human resources department does not always offer sufficient recourse. Employment law is an incredibly broad field, which means that there are a large number of situations where it may make sense to consult with an attorney. Presented below are three sticky wage or benefit dilemmas that you may be able to resolve with the help of an employment attorney.
1099 Misclassification
Independent contractors are self-employed individuals with the freedom to work for a variety of different clients. Although the rise of the gig economy has muddied the term slightly, independent contractors have a strict definition under employment law. Despite this, many employers attempt to misclassify employees as contractors to avoid paying benefits or to skirt around minimum wage requirements. There are several potential avenues for fighting a misclassification, and the right option in your case will depend on the particular circumstances and the specific employee benefits that are being denied. An experienced employment attorney can help you to work through these issues and determine the best course of action moving forward.
Failure to Pay Wages
Unpaid wage cases cover a variety of situations that employees may find themselves in. Straightforward cases may include employers who refuse to pay for time worked, but unpaid wage cases often involve minimum wage violations or refusal to pay overtime. In some cases, employees misclassified as independent contractors may sue their employer for failing to meet minimum wage laws or for failing to pay overtime. You may even have a case against your employer if you were required to cover certain expenses (such as travel costs) out of pocket despite a promise of reimbursement. Since such a broad array of situations may fall under this umbrella, consulting with an attorney is the best way to determine if you have a viable case against your employer.
Unemployment Disputes
Disputes over unemployment benefits can sometimes go hand in hand with 1099 misclassifications. Often, a terminated employee may be denied unemployment because their employer is attempting to classify them as an independent contractor. These disputes can also arise in cases where an employer claims that an employee was fired for good cause. In both cases, unemployment benefits are likely to be denied. An employment attorney can help to negotiate with an uncooperative employer and offer solutions in cases where an employee is being unfairly denied the benefits that they are owed.
For more information, contact an employment law representation professional.
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