QUESTION

What do I do to make her accountable for her manipulation and force her to pay something so she will stop the manipulation and lies?

Asked on Mar 31st, 2014 on Labor and Employment - Wisconsin
More details to this question:
What can a business do about an independent contractor playing the pity card with free legal services and manipulating the Department of Labor that she was an employee to get unemployment benefits and falsely sue for wrongful termination when she was never an employee to begin with? A person manipulating the system every way possible to cost my small business tens of thousands just because they can get away with it for free. Thinking out of the box, what can I do to turn the tables?
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5 ANSWERS

I know of no remedy available to you. Manipulation is not illegal.
Answered on Apr 02nd, 2014 at 7:09 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Hire an attorney to defend your enterprise. Many businesses try to classify workers as independent contractors and run into the issues you are experiencing. I need all of the facts, but know, the government favors an employee relationship.
Answered on Apr 02nd, 2014 at 7:08 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Don't hire a person as an independent contractor when they are really employees. You need to talk with local employment counsel and get a real good understanding of the difference between an employee and an independent contractor. Just because you call a person an independent contractor does not make them one. The law may, and apparently in this case did, classify the person as an employee. It is your obligation as a business owner to understand the law.
Answered on Apr 02nd, 2014 at 7:08 PM

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Elder Law Attorney serving Hollister, CA at Charles R. Perry
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You need to get in touch with an employer-side labor lawyer to help you defend against these charges. There is no way anyone will give you advice in a public forum. There is also no way that anyone will give you advice without reviewing the facts of your situation. Having represented defendants in a number of labor matters, I can assure you there is no one-size-fits-all solution here. The DOL is often critical of independent-contractor relations, and will not hesitate to re-classify someone as an employee if it thinks a mis-classification has occurred. One also has to be careful with cross-claims that pit a company against an individual, because one never knows how a jury's sympathies will lie. Defending against this kind of matter is unfortunately a risk of hiring contractors and employees, and often a cost of doing business. In addition, sound legal advice is important, as it will help you gauge your exposure. while there may be little you can do as to this particular situation except defend against the claims, a good labor lawyer can advise you on strategies to minimize the risk that this happens again, such as ways to revise your employment and/or independent contractor agreements. If the lawyer prevents even one such claim, you will have reduced your legal expenses by thousands of dollars. I realize that "get a lawyer" is not the advice you wanted to hear. Unfortunately, there is no legal jujitsu that is generically applicable to employment claims. If there were, you can be sure you could find a ton of articles on the Internet about them.
Answered on Apr 02nd, 2014 at 7:08 PM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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An attorney would need complete and specific information and documents in order to adequately respond to your matter.
Answered on Apr 02nd, 2014 at 7:07 PM

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