San Diego Misclassification Lawyer
Ensuring Misclassified Workers Receive the Compensation They Are Owed
Are you or have you ever worked in a career where it felt like your job duties were unclear or didn’t match the description you were given? Now that more people are working from home, freelancing, and serving as independent contractors, job titles and responsibilities have become even more potentially perplexing. This—and other factors—has led to some employers choosing to protect their bottom line at the expense of their employees through the process of misclassification.
If you believe that you, a coworker, or a loved one has been misclassified by their employer in order for them to wrongfully benefit from your hard work, contact Manfred, APC. Our San Diego misclassifications attorney Manfred Muecke has been protecting the rights of California workers for nearly two decades. He understands how to help you build a strong claim that will help you receive the compensation you deserve.
Under California law, employees are generally classified as exempt or non-exempt—other workers may be given labels such as “independent contractor.” Misclassification occurs when an employer wrongfully labels one or more workers on purpose in order to benefit in some way. For example, an employee may be wrongfully classified as an “independent contractor” or “exempt” (independent contractors are responsible for paying all federal and state payroll taxes; non-exempt employees must be paid on a wage and hourly basis whereas exempt employees do not). This practice can allow employers to avoid paying unemployment and other taxes on their workers, as well as from covering employees with workers’ compensation and unemployment insurance.
A worker who has been misclassified as an independent contractor or exempt may be able to file a lawsuit against their employer for damages such as unpaid wages, interest, and attorney’s fees.
Compensation Available in a Misclassification Claim
If an employer misclassifies an employee, they may owe the employee for unpaid wages. Someone who is wrongfully classified may not be covered by basic labor standards such as minimum wage, overtime pay, and leave benefits. Additionally, misclassified employees are unable to access critical protections they are entitled to under the law, such as unemployment insurance.
Recoverable damages in a misclassification claim may include:
- Unpaid overtime
- Compensation for meal and break times not given
- Liquidated damages (double damages)
- Legal and attorney fees
- Court costs
If your pay is lower than the salary you were guaranteed, your job duties don’t seem to match with your title, or if you have another reason to believe you may not be receiving fair pay relative to your job, you may have been misclassified by your employer intentionally. To determine if you have a potential case, consult with a local, knowledgeable attorney right away for advice on how to proceed.
Nearly 20 Years of Legal Experience
With a career spanning nearly two decades, Manfred has extensive experience litigating class action cases, consumer financial fraud cases, employment law cases, and much more.
Personalized Attention for Each Client
Manfred makes it his goal to ensure his clients get the help they need by aligning their goals with the proper strategy.
Exclusively Representing Plaintiffs
Throughout his career, Manfred has consistently shown his commitment to fighting for the little guy by only representing plaintiffs.