Independent Contractor vs. W-2 Employee Misclassifications – We Fight for Your Rights

As an employee in the State of California, you’re entitled to many benefits – often including health insurance, workers’ compensation, and a variety of additional benefits and protections. Independent Contractors may not have the same protections.

Unfortunately, some employers choose to avoid their legal obligations and cheat employees out of the benefits they are legally entitled to by misclassifying employees as independent contractors rather than W-2 employees. 

At Whitehead Employment Law, we fight for the rights of employees across California. If you think that your employer may be improperly classifying you as an independent contractor rather than an employee, we can help. 

Depending on the specifics of your situation, you may be entitled to compensation – and we’ll help you fight for justice, every step of the way. Contact us today to schedule a free, confidential consultation. 

Have You Been Improperly Classified as an Independent Contractor?

California employees are entitled to a wide variety of benefits and legal protections. Many employers attempt to classify their employees as independent contractors to evade their legal responsibility. 

If you’ve been classified as an independent contractor, please consider the following three questions:

  1. Does your employer exert direct control over the means by which you get your work done? (For example, do they require certain working hours or certain methods of getting your work done?)
  2. Are you completing tasks that are part of your employer’s usual scope of business, as opposed to special / one-time projects?
  3. Do you work exclusively for your employer? 


If the answer to any of these questions is ‘yes’ – there’s a good chance that you’ve been misclassified

For your employer to legally classify you as an independent contractor, they may NOT exert direct control over your working hours or your methods of getting the word done.

They may NOT require you to complete tasks that are within their normal scope of operations. For example, if your employer is a plumbing company and they’re hiring you to perform plumbing services, they’re likely violating the law. In contrast, if they’re a plumbing company and they’ve hired you to create a new website as a one-time project, they’re likely operating within the law. 

And your may NOT require you to work exclusively for them if you’re classified as an independent contractor. Independent contractors typically have their own independent businesses and serve multiple clients or customers.  

If You’ve Been Misclassified as an Independent Contractor, You May Be Entitled to Compensation 

Employers improperly classify their employees as independent contractors because it allows them to avoid providing benefits to their employees. 

If your employer has improperly classified you, you are likely entitled to compensation – and in many cases, you can obtain compensation retroactively. In other words, if you’ve been improperly classified as an independent contractor previously, you are likely sto;; able to obtain compensation even if your employer has recently changed your classification to a regular W-2 employee.

You have rights as an employee in the State of California. If your employer is violating your rights in order to save money for themselves, we are here to fight for you.  

We’ll Fight for Your Rights 

If you think that your employer may have improperly classified you as an independent contractor rather than a W-2 employee, we can help.

Whitehead Employment Law is focused solely on helping employees preserve their rights and helping them obtain compensation if those rights have been violated.

Fighting for your rights is all that we do! And we work exclusively on contingency basis, which means we only get paid if we win the case, and you don’t have to pay anything out of your own pocket! 

We have settled and tried cases winning millions of dollars in awards for clients whose employers have failed to reimburse employees for work-related expenses. Many of these types of situations are ideal for class action treatment. 

Please contact us today to schedule a free, confidential consultation. 

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