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Truck Driver Misclassification: 1099 Employees

Truck drivers across the nation are being pushed to their limits with long hours and critical schedules and deliveries to meet. But when an employer takes advantage of a truck driver, they deserve justice. If you are a truck driver, initially hired as a 1099 contractor, but now are working as an employee but have not been fairly compensated and feel you are a victim of truck driver misclassification, Fellerman & Ciarimboli has advice for you.

1099 Contractor: Truck Driver Misclassification

When you began your contract as an independent contractor, you were afforded certain rights. Those include:

  • The right to control the work you are doing. The client you are working for (in this case, the trucking company or delivery service) cannot say when, where, and how you work. 
  • The right to question if you are doing the same or similar work to a W-2 employee. This is the first red flag of a misclassification. 
  • The right to a contract which clearly details your work to be completed, at which rate of pay.

However, when you begin to notice that these rights are being infringed upon, you may be a victim of truck driver misclassification. This is illegal and needs remedying immediately. Not only are you being used, but you are missing out on employee benefits and wages.

How to Know You’ve Been Misclassified

The reason employers want to hire independent contractors is that it saves them money. When they don’t have to pay you benefits, the burden falls on you to handle taxes and get insurance. But employers won’t just use independent contractors, they will misclassify truck drivers to save on costs. But how can you tell you’ve been misclassified?

  • You are told to take the risk on a haul that is too heavy for your truck.
  • You have to wear an employee uniform and follow the company’s standards of conduct.
  • If you cannot work for another company while working on this contract.
  • The way you receive payment is the same as that of a W-2 employee.

I’m a truck driver working long hours during COVID-19. I’m supposed to be a 1099, but the company is treating me like a W-2 employee. What are my legal rights?

The bottom line is this: if the company you are working for has misclassified you as an independent contractor, you are not receiving all the rights you should be. If you are involved in a workplace accident, for example, you should be entitled to workers’ compensation to pay your bills. But because of the misclassification, you’re missing out.

But you can seek legal advice. The company you are working for must compensate you fairly. Our attorneys will fight for you. 

Contact Fellerman & Ciarimboli today to determine if you have been misclassified.

At Fellerman & Ciarimnoli, our attorneys will examine your situation and help you determine if your rights have been infringed upon. If it is a case of misclassification, then our attorneys will help you take your trucking company to court and get you the compensation you deserve. Contact the truck driver misclassification lawyers at Fellerman & Ciarimboli today.

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With more than 40 years of combined experience, the personal injury attorneys at Fellerman & Ciarimboli strive to provide the best service to clients in Philadelphia, Northeast Pennsylvania, and throughout the Keystone State.

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