Skipcart® Delivery Driver Misclassification Lawsuit

While misclassification can happen anywhere, studies have shown those who work in the gig economy are the most affected by employee misclassification. Gig economy workers typically include, but are not limited to, truck drivers, delivery drivers, construction workers, cleaning service providers, ridesharing or taxi drivers, and more. If you are interested in learning more about employee misclassification, or if you are a Skipcart® delivery driver and believe you have been misclassified as an independent contractor, we may be able to help. For more information, contact a Morgan & Morgan attorney today by completing our free, no-obligation case evaluation form.

Often, companies are highly motivated to misclassify their employees for financial gains. According to a report published by the Economic Policy Institute, they found that one of the largest incentives for companies to misclassify workers comes down to avoiding having to pay Social Security and unemployment insurance taxes for independent contractors. These tax savings, combined with savings from income and Medicare taxes, results in employers saving anywhere between 20 to 40 percent on labor costs when they misclassify the employee as an independent contractor.

Misclassifying their workers also allows companies to circumvent laws that would force them to comply with the Equal Employment Opportunity Commission, which protects workers' rights through employment discrimination based on age, race, gender, or disability.

Delivery drivers may be able to suspect if their employers have misclassified them if the following information applies to their situation.

1. If the company has control or has the right to control the worker as well as how the worker performs their job. Does the company provide training that indicates any signals any expectations to follow the company guidelines?
2. If the business aspects of the worker’s job are controlled by the payer, including how the worker is paid, if expenses are reimbursed, or if they provide the tools needed to perform the job. 
3. Are there written contracts or employee-type benefits, like a pension plan, insurance plan, vacation pay, etc?

If your situation aligns with two or more of the previous, you may be misclassified. However, in order to fully understand whether or not your employer has misclassified you, we suggest speaking to a highly experienced and specialized attorney like the ones at Morgan & Morgan.

According to the U.S. Department of Labor, retaliation occurs when an employer, whether they are a manager, supervisor, or administrator, punishes an employee advocating for their rights to be free from employment discrimination, a discriminatory workplace culture, and violations of those laws set in place that help protect an employees health and safety at work. Employers will sometimes retaliate against their employees in an attempt to keep them from raising concerns over possible violations, which impacts overall employee morale.

If you believe your employer has retaliated against you for your misclassification lawsuit, you may be able to file a separate, individual lawsuit against your employer for the retaliation. For more information regarding your legal options and the damages you may be eligible to recover, contact a Morgan & Morgan attorney today.

Working with an attorney, you can significantly increase your odds of recovering compensation for any lost wages or benefits lost while misclassifying as an independent contractor. When working with a Morgan & Morgan attorney, they can help you understand the laws that are in place to protect you and will help guide you through the legal process, as well as review your case and work with experts to determine whether or not your employer has misclassified you. For over 30 years, our law firm has been helping victims of worker misclassification, and we want to help you too.  Connect with us today to see how we may be able to help you.

Skipcart® drivers who believe they have or have previously been misclassified by the delivery company should contact a Morgan & Morgan attorney today to learn more about what they may be eligible to recover. For more information, drivers can contact an attorney by completing a free, no-obligation case evaluation form.