QUESTION

Do I have grounds to sue as a temporary employee that has been treated like an employee?

Asked on Feb 18th, 2014 on Employment Contracts - Virginia
More details to this question:
I have been working for a large corporation as a temp employee (contractor) for almost 9 years. I think they are about to get rid of me and people keep saying I should sue for equal rights as an employee. I was told that if at any point I was asked to train another employee to do my job I was then being treated as a employee and due all pay, benefits, etc just as an employee going back to my start date. A few years ago I was told they were letting me go because employees could be doing what I do but they asked me to stay and train the several employee that were going to take over my duties. After about a week they decided the employees didn't want to take on the extra work so they ask me not to leave. I have back up of this request to train employees. I just want to know if this is true that I could sue for equal rights as an employee? I live in Virginia and work remotely from my home using equip provided by the corp not the staffing company I work. Do I have grounds?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
If by suing for your equal rights, you mean being entitled to overtime pay for hours worked in excess of 40 per week, then yes, it sounds like you have a very good case for proving that you were actually an employee being treated as an independent contractor.  This would be a violation of the Fair Labor Standards Act.  We would need more facts to be sure.  Were you in fact working more than 40 hours per week and not getting paid 1.5 times your hourly rate?  If so, you may be able to make a claim for the unpaid overtime wages.  However, you can only go back two years, not necessarily to your start date if that was earlier. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  
Answered on Feb 18th, 2014 at 10:32 PM

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