Today’s economy is becoming increasingly flexible. The rise of the “sharing” and “gig” culture has created an environment where people are increasingly working as independent contractors. This is often a good situation for both the worker and the company; an independent contractor status allows both parties to vary schedules as needed and allows for seasonal work. Unfortunately there are instances in which a contractor wishes to be treated as if they were an employee even though that is not what the two sides initially agreed to. Such contractors sometimes take the company to Court. Our Santa Ana attorneys handle cases where independent contractors are claiming to, in fact, be employees. Contact our office today to speak with a lawyer. We also service Anaheim, Irvine, and elsewhere.
Orange County lawyers handling independent contractor disputes in Santa Ana, Anaheim, Irvine, and elsewhere
Independent contractors are not considered “employees” of the company. This status means that the employer is not required to withhold employment taxes from the worker’s pay, is not required to pay unemployment benefits, and that many other workplace laws do not apply. Under certain circumstances, however, a California Court may rule that an independent contractor is, in fact, an employee. In making this determination the Court will consider factors such as whether the worker had the power to contractually bind the business, whether the worker had the power to refuse work, the level of control the company exerts over how the worker does his or her job, as well as other considerations. If a contractor is found to, in fact, be an employee then the Court may require additional payments to the workers and the company may be responsible for back tax payments.
Our Orange County lawyers assist companies whose contractors are alleging that they should be treated as employees. We will analyze your business model as well as relevant company records to determine whether the worker was properly classified. If the evidence justifies it, we will file a Motion with the Court to have the case dismissed as such matters are often straightforward. In the event that the case proceeds to litigation we will use discovery, the process by which information is gained from the other side, to demonstrate that the worker took the job with the understanding that they were a contractor, that they believed themselves to be a contractor at all times, and that they pass our state’s tests for being found as such. We will aggressively protect your interests at trial and ensure that you know what to expect as the case moves forward. Contact us today.
We also service Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Tustin, Westminster, and Yorba Linda.
Santa Ana attorneys paying attention to the needs of a business during an independent contractor dispute
Our Santa Ana attorneys recognize that there is more to an independent contractor dispute than whether the worker gets paid a few extra dollars. For many businesses it can be a death knell if all of its workers were reclassified as employees. This is due to the fact that many companies are based on a model of using contractors instead. We will learn the specifics of your business and gain an understanding of how the situation impacts your operations. We understand that no two businesses are the same and we will take a personalized approach to solving your problem. This is our promise to each and every one of our clients.