What to do if if I missclassed and wrongfully terminated?

UPDATED: Oct 1, 2022

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What to do if if I missclassed and wrongfully terminated?

My significant other and I work for a remote company. We were put under investigation for an unknown reason and were told that we would receive an update within 15 business days. However, we never received one nor a response to any of our emails. Now, a month later, we realize that our accounts have been disabled. We currently live in TX and our employer is a CA based company. We were also curious if we were misclassed as freelance workers.

Asked on January 18, 2019 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First, unless--
1) You were fired in violation of a still-in-effect (unexpired) written employment contract for a definite period of time (e.g. a one-year contract, two-year, etc.); or
2) You were fired due to your race, religion, color, national origin, sex, age 40 or over, or disability
--it was not wrongful termination. Without an employment contact, you were employees at will, and employees at will may be terminated at any time, for any reason other than discrimination due to the categories or characteristics defined above. Without a written contract, you have no right to your job; your only right is to not be discriminated against for certain specific reasons.
Second, as to whether you were misclassified: you have not provided enough information about your job, how you were supervised, etc. for us to offer an opinion. Here is a link to an IRS discussion of the difference beween employees and independent contractors (freelancers) which may be helpful: https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-defined

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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