California Employee Status Attorney
Protecting Employees. Holding Employers Accountable.
- No upfront costs; pay only when you win
- 100% confidential consultations
- Available 24/7 to answer your questions
- Protection against retaliation for asserting workplace rights
- Experience handling cases while you’re still employed
100% confidential. Your information is private and secure.
Employee vs. Independent Contractor: Why It Matters
Whether you’re classified as an independent contractor or an employee makes a huge difference in the benefits and protections you’re entitled to.
What Employees Are Entitled To
Employees are entitled to important benefits and protections, including:
- Overtime pay
- Minimum wage protections
- Meal and rest breaks
- Protection against discrimination and harassment
- Unemployment insurance
- Workers’ compensation
- Paid sick leave
Independent Contractors Don’t Get These Protections
Independent contractors generally are not entitled to most of these benefits. Because of this, some employers misclassify their employees as “independent contractors” to avoid providing legally required benefits.
How Courts Determine Your Status
California courts use strict tests to determine whether you’re truly an independent contractor or if you’ve been misclassified as one. Under California law, to be an independent contractor, you must:
- Be free to perform your work as you wish – without the company controlling how you do your job
- Be in a different line of work from the company hiring you
- Operate your own independent business
Courts also consider additional factors, including:
Behavioral Control
Does the company control how you do your job, when you work, or what tools you use?
Financial Control
Does the company control business aspects such as:
- Whether expenses are reimbursed
- Who provides supplies or equipment
- How you’re paid (hourly vs. per project)
Type of Relationship
Are there written contracts? Do you receive employee-type benefits like health insurance or paid time off?
If You’ve Been Misclassified
If you believe you’ve been misclassified as an independent contractor when you should be treated as an employee, you may be owed back pay, overtime, and other benefits.
Contact Victory Law Group for a confidential consultation.
Not Sure If You've Been Misclassified?
If you believe you have a valid employment claim but aren’t sure whether you’ve been properly classified as an independent contractor, call Victory Law Group. We’ll review your situation free of charge and help you navigate this complex process.
Contact us today for a free, confidential consultation.
Not sure if you have a case? We’ll review your situation for free and explain what compensation you may be entitled to.
Common Questions About Your Workplace Rights in California
We understand you have questions and concerns about what happens next. Here are answers to the most common questions we hear from employees facing workplace issues.
Can my employer fire me for talking to a lawyer?
No. California law prohibits retaliation against employees for consulting with an attorney about workplace issues. Your employer cannot legally fire, demote, or punish you for seeking legal advice or asserting your rights. If retaliation does occur, it may strengthen your case.
How much does it cost to hire an employment attorney?
We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we successfully recover compensation for you. There’s no financial risk to you for exploring your legal options.
Will my employer find out I contacted you?
Not unless you want them to. Initial consultations are 100% confidential. Your employer will not know you spoke with us unless and until you decide to move forward with a claim or legal action.
How long does an employment case take?
It varies. Some cases settle in a few months, while others may take a year or more if they go to trial. We’ll give you a realistic timeline based on your specific situation and keep you informed at every step.
Do I have to quit my job to pursue a claim?
No. Many of our clients are still employed when they contact us. We handle cases discreetly and can advise you on how to protect your rights while you’re still working.
What if I signed an arbitration agreement or employment contract?
Many employment contracts include arbitration clauses, but that doesn’t mean you’ve waived your rights. We can review your contract and explain how it affects your options.
How do I know if I have a strong case?
The best way to know is to speak with an experienced employment attorney who can evaluate the facts of your situation. We offer free, confidential consultations to help you understand whether you have a viable claim.
Still have questions? We’re happy to answer them during your free consultation. No pressure. No obligation.