What Evidence Is Needed To Support A Misclassification Claim?

Misclassification as an independent contractor instead of an employee can deny workers vital benefits and protections, such as overtime pay, unemployment insurance, and Workers’ Compensation. Understanding and proving a misclassification claim can be daunting, especially given the complex legal landscape surrounding employment classification. Accordingly, the strength of any misclassification claim lies in the quality of the evidence presented.

Miller Shah is committed to guiding misclassified workers through the legal process case and helping them build a robust claim that holds up in court.  To do so, workers should be aware of the critical types of evidence needed to support a misclassification claim, thereby ensuring that employees can hold employers accountable for their actions.

Key Evidence for Proving Misclassification

Building a successful misclassification claim starts with gathering the right documentation. The following are key pieces of evidence that may be used to demonstrate that a worker has been incorrectly classified.

1. Tax Forms and Filing Information

One of the clearest indicators of employment classification lies in the tax forms the employer uses. For instance, employees typically receive a Form W-2 from their employer, while independent contractors are provided with a Form 1099-NEC. If you received a 1099 but believe you worked in a capacity that aligns with an employee’s role, you should take note of this discrepancy.

2. Written Contracts or Agreements

A written contract can provide valuable insight into the nature of the worker-employer relationship. Contracts should outline the terms of employment, duties, and level of autonomy. If your contract includes conditions suggesting significant control by the employer over your schedule or tasks, that would help reflect your status as an employee, not an independent contractor. 

3. Pay Stubs and Payment Records

Pay stubs or other payment records can help prove misclassification in several ways. If you receive regular, consistent payments and do not invoice for your work—common features of an employer-employee arrangement—it can support your claim. Similarly, a lack of overtime pay despite working more than 40 hours a week can be essential to supporting claims for damages stemming from wrongful classification as an independent contractor. 

4. Business Expense Documentation

Independent contractors generally bear the financial responsibility for their work-related expenses, such as tools, equipment, or supplies. If you are an employee and your employer fails to provide these resources or reimburse your expenses, it may indicate a breach of duty. Documenting such expenditures through receipts or employer correspondence can bolster your case and support damages claims.

5. Lack of Benefits

An absence of – or restricted access to – essential benefits, such as health insurance, vacation days, paid sick leave, or other employee perks, is another impactful consequence of misclassification.  If you are able to establish you should be classified as an employee, you may be able to recover compensation for missing out on these benefits. Records of denied benefits can help substantiate your claim.

Contact Miller Shah for Legal Guidance

Misclassification claims require meticulous preparation. At Miller Shah, we help clients understand their rights under employment classification law. Our team of highly skilled attorneys is committed to holding employers accountable and ensuring workers receive the benefits and protections they deserve.

If you believe you have been misclassified, don’t wait to take action. Contact Miller Shah today for a consultation.