What should I do if I have been misclassified by my employer?

Misclassifying a worker is unlawful, and employers can face penalties for violating the law. If you have been misclassified as an independent contractor, California law allows you to file a lawsuit against your employer. By bringing a claim against your employer, you can recover compensation for unpaid wages and overtime, denied meal and rest breaks, business expenses, benefits, and more.

Under state law, there are specific standards a worker must meet to be classified as an employee. However, sometimes the distinction is not straightforward. An employment lawyer can help you determine whether you have been misclassified by your employer.

If you suspect you have been misclassified, contact Erlich Law Firm to discuss your situation with an Oakland employment law attorney who can guide your next steps. We can help you hold your employer accountable for the misclassification.

Other Employee Misclassification FAQs:


My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.

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Client testimonials
Jason took the time to explain and guide me through the challenging process, and went the extra steps in consistently providing guidance and putting my concerns and questions high on their list.

Jeff V., Oakland

Jason Erlich made me feel like I was in the right place right away.I had some serious problems with a previous employer and he took care of everything. From the start he helped with my concerns and fears going up against a big corporation.

Susan W., Pacifica

With Jason’s expertise, commitment and aggressiveness, the case is now over and it’s only been 6 months!! I would HIGHLY recommend Jason Erlich to anyone that needs an employment lawyer.

Carla, Petaluma

I can highly recommend Jason Erlich Esq. for any employment law matter. He is an outstanding lawyer, embodies a mix of honesty, knowledge, client care and tough mindset.

Roger J., Oakland

When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.