Legal Question in Employment Law in Virginia

I sure my son has been misclassified as a contract worker vs employee; he is being taught how to fix cell phones. Now, when he attempts to fix a phone and breaks a wire etc. he is made to pay for it. Can the employer do this? Also, DOL/WHD says only he can file a complaint. I thought I could.


Asked on 7/20/14, 1:13 pm

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

If your son has been validly classified as a contract worker, then, yes,

as part of such contract he could be required to pay for the kind of "misfix"

which you've mentioned. However, before he (no, not you) jumps ahead here

with filing a complaint or with other action(s) that might result in your

son's dismissal from his current employment (whatever kind it may be), I would advise that he schedule a consultation with an attorney who handles employment law matters in the Commonwealth and who should be able to advise him, accordingly.

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Answered on 7/21/14, 10:01 am


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