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Fitness Instructor Under Independent Contractor Law

Independent Contractor Physician
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 Solution

When 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.

Postscript

Joanne 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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We have years of experience helping people with employment classification issues, and we would be happy to help. You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.
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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog