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suzy

Independent contractor

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I'm in the process of suing my employer for wages and overtime, I sued another employer in a different state last year and won, so knowing I should of been a employee and not a independent contractor just to sue again is that considered fraud. I need the money

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Who knowing?

 

You?

 

The employer?

 

Both?

 

Perhaps you won last time because you didn't know you should have been classified as an employee.

 

This time you certainly knew the difference and working as an IC when you knew you should have been an employee makes you complicit in whatever you are accusing your employer of doing wrong.

 

There is a doctrine in law called "unclean hands" which means that you are less likely to win against your employer's wrongdoing if you have been complicit in the wrongdoing.

 

If that's not what happened, you should explain things better.

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I'd be curious to see links to your research.

 

Not saying your wrong. Just that it's a good idea for you to cite your authorities when you refer to research because you will have to cite your authorities in court in order to prevail, so learning that now would be to your advantage.

 

I did find a US Court of Appeals decision that indicates that a court might be unwilling to apply the unclean hands doctrine to an employee under certain circumstances but doesn't appear to have closed the door for all circumstances.

 

Here's the decision:

 

http://media.ca11.uscourts.gov/opinions/pub/files/201411747.pdf

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suzy,

 

Can you explain the nature of your employment? I ask because if you have already sued and won a judgment in another state you are likely precluded from suing the same employer for the same acts in a different state. Are these two separate incidents?

 

The FindLaw.com Team

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I'm in the process of suing my employer for wages and overtime, I sued another employer in a different state last year and won, so knowing I should of been a employee and not a independent contractor just to sue again is that considered fraud. I need the money

 

This is garbled because of your disregard of basic rules of grammar, sentence structure, and punctuation.  More importantly, there's no question in this post, so I'm not sure what the purpose of it is.

 

 

 

It's my understanding from what I researched that unclean hands can not be used in a wage suit.

Maybe someone can correct me if I'm wrong

 

One would have to do case research to ascertain that, and that's not going to happen here.

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Ajuster, here we go again:

"This time you certainly knew the difference and working as an IC when you knew you should have been an employee makes you complicit in whatever you are accusing your employer of doing wrong."

Entirely inappropriate in context of discussion based on info provided.

Poster does not have unclean hands in this context. No, it wouldn't be fraud to sue employer if it purposely misclassified you.

Poster, I will not infuse "I need the money" in a way that I might without more info (which here means say no more).

An employer that has improperly categorized you will bring up unclean hands in limited circumstances, and as written, I can't say this is one.

Stop taking jobs where you're misclassified. Feel free to educate companies on how you'd only be properly classified as IC if (fill in blank as applied to situation). Of course I can't know what you do for a living, but may be a job ripe for misclass'ing.

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I'm sorry, I have been busy doing my research, I read your case adjuster jack, it really doesn't have anything to do with my case. I'm a exotic dancer, so I guess my case is unique from my research, most dancers have won thier lawsuit for wages and overtime. As I have already one my first case. So I moved to another state and worked a few months and I'm now going after another club. Like I said it's easy money, the manager hired me as a IC, when I should of been a employee, like I said I know this from my last lawsuit. Yes I'm concerned if they can use unclean hands defense to have this case thrown out.

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We have no way of knowing for sure what a court, employer, or defense attorney will do. If it becomes apparent you are lawsuit shopping, the odds increase that you will not end up with a favorable outcome. It is also possible that the terms of employment, the way the employer is structured, state laws, and or other factors would result in a different outcome anyway. Not every exotic dancer is automatically an employee.

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I'm sorry, I have been busy doing my research, I read your case adjuster jack, it really doesn't have anything to do with my case.

 

No, it doesn't. I posted it because it has a comprehensive explanation of the unclean hands doctrine and how it might or might not be applied. I suppose I should have made that clear.

 

 

 I'm a exotic dancer,

 

It would have been nice if you had identified the nature of your work at the beginning because there is lots of reference material about exotic dancers not being independent contractors with clubs losing lawsuits left and right.

 

However, not all lawsuits by exotic dancers are successful as explained in the following article:

 

http://www.bna.com/exotic-dancers-misclassification-n17179893648/

 

 

 Like I said it's easy money, the manager hired me as a IC, when I should of been a employee, like I said I know this from my last lawsuit.

 

You're last lawsuit was not in New Jersey so it's New Jersey law that you have to be concerned with.

 

I'm going to refer you to a New Jersey case that also has nothing to do with exotic dancers but it contains the definitive ruling of the New Jersey Supreme Court in 2015 that

 

"the ABC test derived from the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21-19(i)(6), governs whether a plaintiff is an employee or independent contractor for purposes of resolving a wage-payment or wage-and-hour claim."

 

http://njlaw.rutgers.edu/collections/courts/supreme/a-70-12.opn.html

 

N.J.S.A. 43:21-19(i)(6) Services performed by an individual for remuneration shall be deemed to be employment subject to this chapter (R.S.43:21-1 et seq.) unless and until it is shown to the satisfaction of the division that:

[A] Such individual has been and will continue to be free from control or direction over the performance of such service, both under his contract of service and in fact; and

Such service is either outside the usual course of the business for which such service is performed, or that such service is performed outside of all the places of business of the enterprise for which such service is performed; and

[C] Such individual is customarily engaged in an independently established trade, occupation, profession or business.

 

http://njlaw.rutgers.edu/cgi-bin/njstats/showsect.cgi?title=43&chapter=21&section=19&actn=getsect

 

That's the test that a New Jersey court must use to determine the employee vs independent contractor status so those are the three elements you will have to address (or rebut if the employer raises them in his defense).

 

All three must apply if you are an independent contractor. If any don't apply, then you are an employee.

 

 

Yes I'm concerned if they can use unclean hands defense to have this case thrown out.

 

No way to predict.

Edited by Findlaw_FN

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