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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 37957
Experience:  Retired (mostly)
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Can i sue pay if the original contract was between

Customer Question

can i sue for back pay if the original contract was between 2 corporations but after 2 weeks the contract was no longer meaningful because of so many changes and i was paid hourly and did not make my own schedule like a contractor does. i want to sue for back wages not back pay. should i get the colorado department of labor involved.
Submitted: 8 months ago.
Category: Employment Law
Expert:  socrateaser replied 8 months ago.
Hello, Colorado law provides a list of factors that the Colorado Industrial Claim Appeals Office (ICAO) uses to determine if an employer has engaged in the misclassification of a worker for purposes of avoiding the withholding of payroll taxes. The factors include whether the employer: Require[s] the individual to work exclusively for the person for whom services are performed; except that the individual may choose to work exclusively for the said person for a finite period of time specified in the document;Establish[es] a quality standard for the individual; except that [the employer] can provide plans and specifications regarding the work but cannot oversee the actual work or instruct the individual as to how the work will be performed;Pay[s] a salary or hourly rate but rather a fixed or contract rate;Terminate[s] the work during the contract period unless the individual violates the terms of the contract or fails to produce a result that meets the specifications of the contract;Provide[s] more than minimal training for the individual;Provide[s] tools or benefits to the individual; except that materials and equipment may be supplied;Dictate[s] the time of performance; except that a completion schedule and a range of mutually agreeable work hours may be established;Pay[s] the individual personally but rather makes checks payable to the trade or business name of the individual; andCombine[s] [the employer’s] business operations in any way with the individual’s business, but instead maintains such operations as separate and distinct.Also the following factors are relevant: whether the worker:Maintains an independent business card, listing, address, or telephone;Has a financial investment such that there was a risk of suffering a loss on the project;Uses his or her own equipment on the project;Sets the price for performing the project;Employs others to complete the project; andCarries liability insurance.Fortunately, you don't need to try to make the above-described determination. You can simply file a claim at this link, and let the government investigate, and prosecute the putative employer, if it is found to have misclassified your employment status. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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