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What are my Employee rights?
Anonymous5 views6 answers
I was hired by a Watersports (Jetski) company at a rate of $12/hr. I filled out a W2 upon hire. I was trained by owners and given a full time hourly, time carded, schedule that was performed on company equipment and dictated by owners of company. My checks started being paid without any tax slip attached. I asked other employees who said they were changed recently and paid in the same manner. It's a small 11 employee operation. Two employees get medical insurance while I did not!?
I was later injured on the job, at company location of work. 5 days later I was given a termination notice which read " thank you for all your hard work, unfortunately our company is going in a different direction." " since you were an independent contractor our workmans comp insurance will not apply."
You should get a personal injury/workman's comp attorney immediately. You can use the find a lawyer tool to do so. Most who do this work will provide you with a free consultation.
You may very well be an employee, even if the company classified you as an independent contractor. You should consult with a workers' comp attorney right away. Good luck.
Mark F. GallagherPersonal Injury LawyerKailua, HI ·
I agree that you should contact a lawyer who handles workers compensation matters in Hawaii. You may also get further information and/or make a complaint directly with the Disability Compensation Division, Dept. of Labor, State of Hawaii. Contact information and forms are available online at labor.haw.gov/dcd/
There are three issues, 1. WC, 2. Misclassification of employment status, 3. Medical plan that discriminates. You need to see an employment law attorney ASAP who can handle all three issues.
Keep me informed of the results.
William H. LawsonPersonal Injury LawyerHonolulu, HI ·
This question is a workers' compensation question and it comes up all the time as certain employers in this state try to get around the legal requirements for hiring employees. There are a number of cases on this very issue which have been decided and they are generally closely followed by the DCD (Disability Compensation Division) and the LIRB (Labor and Industrial Relations Board) - which are the primary agencies which administer the worker's compensation system here in Hawaii. It sounds like you need a workers' compensation attorney to fight for your workers' compensation benefits which should include (1) medical benefits, (2) lost earnings, (3) vocational rehabilitation in an appropriate case, (4) a permanent partial disability award and possibly other benefits. Try the yellow pages, the internet and/or the Hawaii State Bar Association Lawyers Referral Service to find a good work comp attorney. Good luck!
