Was I a freelancer or an employee?

I was employed by a major publishing entity for 3-1/2 years (from 4/01 to 9/04), working exactly like staffers, but considered freelance and denied all benefits, including health insurance, sick pay, vacation pay, pension, etc. Then out of the blue I was let go without cause and with no notice 2 months after a new boss in my department began. I had filed a grievance with the union 10 months after I began, but to this date it has not been resolved.
What are my rights to sue the company for lost monies, etc?

1 answer  |  asked Apr 1, 2005 7:17 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Status as Employee

To answer your question of whether you have any rights against the company, I would need a lot more information. If you'd like to set up a consultation, call me.

More generally, the situation you write about is becoming increasing common. Employers hire these permanent temporary employees primarily to deny these employees benefits, and lower their costs. Under current law, the employer need only make a fairly small adjustment to the language of the benefit plans to legally deny employees like you the benefits.

posted by David M. Lira  |  Apr 4, 2005 09:58 AM [EST]

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