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San Diego Employee Misclassification Attorney

Home/San Diego Employee Misclassification Attorney

If you work under the control of your employer and lack the flexibility of an independent contractor but feel you’re being unfairly denied wages, benefits, or job stability, you might be dealing with employee misclassification. Misclassification can have significant consequences, impacting your financial security and workplace rights. A San Diego employee misclassification attorney at Miller Shah can help you fight back against misclassification, protect your rights, and reclaim what you are rightfully owed.  

Understanding Employee Misclassification

Employee misclassification occurs when employers incorrectly label workers as independent contractors or overtime-exempt employees. By doing so, employers can evade paying overtime, benefits, and required taxes, leaving workers without the protections they deserve under labor laws.  Misclassified workers often miss out on important safeguards such as minimum wage, meal and rest breaks, health insurance, and more. This illegal practice has become particularly prevalent in the gig economy and in industries such as technology and construction, where flexible job structures are often exploited. 

The Real-Life Costs of Misclassification

For workers, the consequences of misclassification can be severe.  Misclassified employees may suffer from:

  • Loss of Benefits: Misclassified workers are often denied access to benefits like health insurance, retirement plans, and paid time off. 
  • Unpaid Wages: Many misclassified workers discover they are owed overtime pay or the difference between what they earned and minimum wage guidelines. 
  • Legal and Tax Consequences: Independent contractors are responsible for self-employment taxes and other financial burdens that properly classified workers don’t have to bear. 
  • Job Security Concerns: With fewer legal protections, misclassified employees are more vulnerable to sudden termination or unfair treatment. 

Moreover, while it can be devastating for workers, misclassification is not just an issue for employees. Government agencies, like California’s Department of Industrial Relations, are cracking down on employers who fail to comply with labor laws, causing businesses to face fines, lawsuits, and reputational damage. 

Securing Legal Assistance for Misclassification

Navigating employee misclassification cases involves complex legal frameworks, including federal laws like the Fair Labor Standards Act (FLSA) and California-specific worker protection laws. Hiring a professional legal team, like the San Diego attorneys at Miller Shah, ensures that your case is prepared and litigated effectively. 

Working with an experienced legal professional can prove invaluable throughout each stage of your proceeding.  A misclassification attorney can help you determine your proper classification by conducting a thorough analysis of your employment situation, focusing on the reality of the relationship between you and your employer and the work you perform.  If the facts indicate you have been misclassified, a lawyer can help you set your case up for success and maximize your recovery.    

Protect Your Rights with a San Diego Employee Misclassification Attorney at Miller Shah

At Miller Shah, our relentless advocacy helps misclassified workers successfully resolve their claims and recover the wages and benefits they are owed.  We are a trusted name in employment law, with a proud history of obtaining favorable results for workers affected by misclassification. Our experienced attorneys have represented individuals in high-stakes cases and delivered millions of dollars in settlements to workers denied the benefits and protections they deserve.

Our San Diego team is committed to fighting for your rights and will work tirelessly to secure the wages, benefits, and other compensatory damages you are owed.  We will guide you through the legal claim process with confidence and clarity, ensuring your needs are met every step of the way.  We take a compassionate, client-focused approach, providing personalized service that aims to achieve the best possible outcome for your case. 

Contact Us Today

Resolving misclassification begins with taking action. At Miller Shah, we are committed to helping you assert your rights and secure the wages and benefits you’ve rightfully earned. Contact a San Diego employee misclassification attorney today for a consultation.

Over 1 BILLION Recovered

Our team is equipped and prepared for complicated, high-stakes cases in all areas of business and civil litigation. We continuously strive to achieve the best possible results for our clients.

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call 866-540-5505 or complete the intake form to email us.