We Help Independent Contractors Understand Their Rights

Misclassification of employees as independent contractors is a real problem in our country. Not only can misclassified employees be denied access to health care coverage, minimum wage, overtime compensation and other employee rights protections, employers who hire independent contractors are not required to withhold state and federal income taxes or Social Security, which ends up costing state and federal governments considerably in the long run.

Employers in West Virginia have a duty to the law to maintain valid records of their employees. By misclassifying workers as independent contractors, they are not just denying their employees access to valuable benefits, they are also violating the law.

At The Grubb Law Group, we take employment law violations such as this incredibly seriously. We don't stand idly by while employers take advantage of their workers. We strive to correct injustices such as this by helping independent contractors and employees alike fight for their rights and receive compensation when it is due.

Determining whether employee misclassification has occurred requires the trained eye of an attorney with extensive experience handling employment law cases. Contact us, The Grubb Law Group, and let us review your claims, build a strong case and defend your employee rights.

Understanding The Rights And Duties Of Independent Contractors

The work relationship between an employer and an independent contractor is based on contract employment, which means both parties agree to the terms of employment either in a written or through an oral agreement. Contracts should dictate the specific standards of work required by the independent contractor as well as the worker's rate of pay.

In addition, the United States Supreme Court has ruled that there are additional factors that should define whether or not a worker is considered an employee or independent contractor, including:

  • The skill required to do the job
  • Who provided the tools and equipment used to do the job
  • Where the work took place
  • How long the work relationship was agreed to last
  • How much supervision the worker received
  • How the worker is compensated for their services
  • Whether or not the worker is allowed to hire or pay assistants
  • How the hiring of the worker fits into the regular hiring process
  • Whether the employer is in business or not
  • If the worker has access to employee benefits such as workers' compensation
  • Whether the employer pays state and federal income tax because of the worker's employment

Generally speaking, independent contractors are considered to be their own bosses, meaning they have the right to dictate when and how work should be completed. If an employer classified you as an independent contractor and they are now trying to direct your work process, you may have a claim against the employer for violating your employee rights.

Take A Stand Against Injustice — Speak To An Attorney

At The Grubb Law Group in Charleston, West Virginia, we pride ourselves on our passion for doing the right thing, which includes protecting the rights of employees, contractors and independent contractors. We understand the complexity of employment law, we can recognize when it's being abused and we know how to seek justice for those who have been wronged by their employers.

Put more than 50 years of combined trial experience in your corner with help from attorneys David L. Grubb and Kristina Thomas Whiteaker. They're well-known for their skill in the courtroom, compassion for their clients and determination to get favorable results.

If you would like to schedule a free initial consultation with one of our experienced lawyers, call 304-982-7755 or send us a message online. All initial consultations are free of charge and any obligations.