Fitness Instructor Under Independent Contractor Law
Joanne worked as a fitness instructor for a small studio in Massachusetts. She performed duties as an instructor, but also as a manager at the facility. These duties were core to the business of the studio, and she was subject to control and direction from the owners.
Nonetheless, she was classified and paid as an independent contractor throughout her tenure there. This meant she did not get any benefits or paid time off, was not paid for overtime, had to pay her own self-employment taxes, and did not have anything paid into unemployment on her behalf. Joanne would occasionally raise the issue of her classification with the owners. Though she was told each time they would eventually make her an employee, that never occurred. She was fired abruptly right before the pandemic in 2020. Though the Pandemic Unemployment program offered some relief, she was still out of a job with no other relief in sight. Independent Contractor Law SolutionWhen Joanne came to us, she was concerned about the abrupt nature of her termination, and the costs she had had to bear as an independent contractor. We reviewed her job responsibilities and the circumstances of her termination, and concluded that she had been misclassified, and that her termination may have been retaliatory.
We helped her get her right to sue letter from the Attorney General, which is required to bring a Wage Act complaint. We then sent a demand letter on her behalf, and were able to negotiate a resolution without needing to file a complaint in court. PostscriptJoanne was compensated for the financial harm she had experienced. She also was able to see some kind of accountability for a situation she believed was unfair and wrong.
If you are in a similar situation, remember that just because it may be common for people to work as independent contractors in your field, that does not mean it is legal. Also remember that it is often possible to resolve a situation like this without going all the way through litigation. |
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