Can employer retaliate or fire worker because worker complains about being misclassified as independent contractor?

No – an employer retaliate or fire worker because worker complains about being misclassified as independent contractor. Workers who face discrimination or retaliation in any manner whatsoever.

For example, if the employer fires a worker because they complain about being classified as an independent contractor or not being paid overtime, or because the worker filed a claim or told the employer that they intend to file a claim with the Labor Commissioner — can file a discrimination/retaliation complaint with the Labor Commissioner’s Office.

However, it is important to note that the Labor Commissioner does not have jurisdiction over most workers who are in fact independent contractors. The worker can also file a lawsuit in court against the employer instead of filing a complaint first with the Labor Commissioner’s Office.

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