If you sue an employer for misclassification, how much you can sue an employer for depends on your specific losses, such as unpaid wages, overtime, expense reimbursements, penalties, and other damages. This amount can vary based on your salary, tenure, and whether state or federal penalties may apply.
Talk with a Los Angeles independent contractor misclassifications lawyer if you believe that your employer has incorrectly labeled your work status. If your employer misclassified you as an independent contractor when you’re actually an employee, you could have grounds for a lawsuit.
Before you proceed with a misclassification lawsuit, your attorney may analyze your losses and estimate your case’s value. From here, they may assist you with filing your lawsuit and prepare an argument designed to help you recover damages and penalties under applicable wage laws.
How Much Can You Sue an Employer for Misclassification in California?
In California, the exact payout if you sue an employer based on misclassification will depend on the specifics of your situation. Have a Los Angeles wage and hour violations lawyer review your case. Your attorney may determine your eligibility for filing a lawsuit against your employer. If you file a lawsuit, your lawyer may help you pursue the following types of damages:
- Unpaid wages and overtime: You may be able to get back pay for unpaid minimum wages and overtime differentials, along with interest from the date that they were originally due.
- Liquidated damages: Under the Fair Labor Standards Act (FLSA), you may get liquidated damages, which can total twice the amount of your unpaid wages.
- Expense reimbursement: You could be compensated for business expenses that you paid out of pocket, including what you’ve spent on fuel, tools, and uniforms for your job.
- Statutory penalties: Your employer may be subject to statutory penalties for wage and labor law violations.
Leave nothing to chance if you’re unsure about what employee misclassification can mean for workers in California. Consult with an employment attorney, and they can answer any questions that you have regarding the misclassification of certain types of workers in the United States. Your lawyer may also help you take the initial steps to sue your employer for misclassification.
For a free legal consultation, call 213-232-3128
When to Sue Your Employer for Misclassification
You could have a case for suing for misclassification if your employer classifies you as an independent contractor or an exempt employee but, under applicable legal standards, you should have been classified differently.
Receiving a 1099 instead of a W-2 may be a sign of possible misclassification. However, your work status depends on the actual working relationship between you and your employer and applicable legal standards.
Alternatively, your employer could classify you as an exempt (salaried) employee to avoid paying you overtime, even though your day-to-day duties consist of non-exempt work, and you don’t meet the requirements for any applicable overtime exemption.
How to Sue an Employer for Misclassification
Speak with a wage and hour violations attorney if you’re interested in suing your employer that may have misclassified your work status. Your lawyer can provide insights into how much you could sue your employer for misclassification and other topics relating to your case.
Plus, they may guide you through the process of filing your lawsuit, which consists of these steps:
- Gather evidence. Prior to helping you submit the paperwork for your lawsuit, your attorney may work with you to collect tax forms, pay stubs, and other forms of proof. Your evidence may provide the foundation for your legal strategy.
- Choose your legal path. If your employer has violated FLSA regulations, your attorney may advise you to file a complaint with the U.S. Department of Labor (DOL) Wage and Hour Division. Or, they may help you file a wage claim with the California Labor Commissioner’s Office.
- Negotiate a settlement. Ideally, your employer offers a fair settlement that covers your wages, expenses, penalties, and other damages available to you under the law.
If no settlement agreement is reached, your lawyer is prepared to present your case in civil court. Your attorney can detail to the court how your employer may be responsible for your employee misclassification and why you should recover damages.
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Learn More About How Much You May Be Able to Sue an Employer for Misclassification
Review your legal options with an employment lawyer if you want to know more about how much you could sue your employer for misclassification. Your attorney can address your legal concerns and questions. If warranted, they may help you file an employee misclassification lawsuit against your employer.
Moon Law Group has been serving clients since 2007. Give us the opportunity to help you with your employee misclassification case. Our employment lawyers are ready to fight for the justice and compensation that you deserve.
We can give you insights into the potential amount that you could sue your employer for misclassification and other legal topics. If you are ready to file an employee misclassification lawsuit, we want to help you. To get started, request a free case review.
Call or text 213-232-3128 or complete a Free Case Evaluation form
