Atlanta, GA asked in Employment Law for Georgia

Q: Hi! I think I’m being misclassified as an independent contractor when I should be W-2. Is this illegal?

I have to wear a certain uniform, work the hours they tell me to, and work how they want me to. Taxes are also *not* taken out of my check

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1 Lawyer Answer
Seth Meyerson
Seth Meyerson
Answered
  • Sharpsburg, GA
  • Licensed in Georgia

A: This is always an interesting question: Does the employer exercise so much control over an individual that the individual must, legally, be an employee. This is a very fact-specific and detailed inquiry. Make an appointment with a local employment attorney to discuss. You may be able to recover overtime, and taxes from your employer.

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