Legal Question in Employment Law in New York

Can I file a lawsuit against my former employer for classifying me as a vendor (1099 tax return) instead of an employee? The employer is a contractor for Fed Ex Ground.

Asked on 9/12/13, 4:54 pm

1 Answer from Attorneys

Leon Greenberg Leon Greenberg Professional Corporation
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You do not specify the reason you would want to pursue that claim.

One issue presented is that your employer is not making social security contributions for you. But courts have pretty much rejected you can sue over that.

Another issue is overtime pay or minimum wage pay, which is a right of employees but not independent contractors. There could also be benefit entitlement rights. If those are issues for you please contact my office, see my website, overtimelaw.com.

Leon Greenberg

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Answered on 9/12/13, 8:03 pm

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