How to Convince Your Boss That You’re an Employee—Not a Contractor

Many employers illegally classify employees as contractors to avoid paying certain benefits. Here's how you can combat that.
News Story (NATIONAL)

Eliza Gray
July 20, 2015
Full story

Tags: Employment, Workers Rights

Organizations mentioned/involved: Legal Aid Society-Employment Law Center (LAS-ELC) (San Francisco)


What if I don’t want to get a lawyer involved or file a complaint with the Department of Labor? Wouldn’t it be better to just address it with my employer informally?

That’s the last thing you should do, said Carole Vigne, staff attorney and director of the wage protection program at the Legal Aid Society Employment Law Center in San Francisco. “Don’t informally walk into the bosses office and say ‘I think I’ve been misclassified.’ The problem is evidence. You want to create a record, and that’s really the best way to protect yourself against retaliation,” she told TIME.

Save your pay checks. Take detailed notes every day of your start time and end time, your tasks, and when and whether you take meal breaks. The more information the better. If you are going to address your employer, she advises to do it over email to create a record.