Legal Question in Employment Law in New York

Worker Reclassification

I was hired in Nov 06 as permanent full time employee. (but have been with the company since Nov 04). In Jan. 07 I was reclassified for those 2 years as being an employee. The company had to pay back taxes, especially unemployment taxes and SS taxs. I currently asked the company to give me everything I should of had as an employee; (what others who were employees received); overtime, vacation/sick days, 401K, ESOP, holiday pay. They recently sent me a check for only some of the overtime and 3600 with a paper to sign saying ''you take money, end of problem''...all the while, I was turned down for a promotion and significant raise because as the head person put it, ''To be a manager, you have to be ''for'' the company and you are suing the company''. What should I do besides find a lawyer. Are there any lawyers out there in the Westchester, NY area interested in representing me on a contingency basis as I am putting 2 sons through college by myself all the while working for this BS company. S.O.S.


Asked on 1/30/08, 2:13 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: Worker Reclassification

You may have a substantial overtime/wage/FLSA case against your employer based on the re-classification, in addition to a retaliation claim.

My firm's primary practice area is employment law. You can visit our website at FLSAattorney.com. We have offices in Manhattan and Westchester (Croton) and can discuss a mutually agreeable fee arrangement if we agree to take your case.

You may contact our office by email or telephone (listed on our website).

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Answered on 1/30/08, 3:56 pm


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