Legal Question in Employment Law in Virginia

Misclassification of an Independent Contractor

I accepted a position with a recruiter as an independent contractor. As I continue to work for the employer, I question whether the line between employee vs. independent contractor is being crossed. This has been brought to the attention of the ''employer'' but no changes have been made. How can I start an investigation anonymously?


Asked on 5/13/08, 4:53 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Misclassification of an Independent Contractor

Check with the U.S. Department of Labor's website and the link which outlines the dozen or so criteria which it uses to distinguish an independent contractor from an employee.

Then, after reviewing and analyzing these criteria as they may apply to your particular employment situation and they indicate that in fact you should be considered an employee, then you may want to bring this fact to the attention of your employer's HR department.

I see no advantage to your attempting to "start

an investigation anonymously" in dealing with this particular issue.

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Answered on 5/14/08, 8:25 am


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