Seeking Guidance on Potential Employment Misclassification Case
Hello all,
I am a student reaching out for some advice regarding an employment situation I am currently dealing with. I recently worked for a direct sales company for just 3 weeks before resigning due to some serious concerns.
Originally, I responded to a job advertisement for an hourly wage sales role. However, after I started working, the company pressured me to sign an independent contractor agreement.
I worked for 3 weeks, completing over 43 hours. However, I was never paid any wages. When I complained, the company claimed I had signed a contractor agreement absolving them of wage obligations - but I never signed any such agreement.
In addition to the unpaid wages issue, I faced troubling incidents involving unwanted contact and a dismissive response when I complained internally. The company also did not provide any of the training that was originally promised during my hiring.
I showed up to the office to review the agreement, but found it closed without notice. I believe I should have been classified as a direct employee, but they insist the unsigned contractor agreement lets them avoid paying me.
Has anyone dealt with a similar situation before? Are there any legal clinics, advocacy groups or other resources you could recommend I reach out to? I want to understand my rights and options strategically. Any input would be greatly appreciated!
I am located in Manchester in case there are any localized organizations that could advise. Thank you so much for any insights you can offer.
I am a student reaching out for some advice regarding an employment situation I am currently dealing with. I recently worked for a direct sales company for just 3 weeks before resigning due to some serious concerns.
Originally, I responded to a job advertisement for an hourly wage sales role. However, after I started working, the company pressured me to sign an independent contractor agreement.
I worked for 3 weeks, completing over 43 hours. However, I was never paid any wages. When I complained, the company claimed I had signed a contractor agreement absolving them of wage obligations - but I never signed any such agreement.
In addition to the unpaid wages issue, I faced troubling incidents involving unwanted contact and a dismissive response when I complained internally. The company also did not provide any of the training that was originally promised during my hiring.
I showed up to the office to review the agreement, but found it closed without notice. I believe I should have been classified as a direct employee, but they insist the unsigned contractor agreement lets them avoid paying me.
Has anyone dealt with a similar situation before? Are there any legal clinics, advocacy groups or other resources you could recommend I reach out to? I want to understand my rights and options strategically. Any input would be greatly appreciated!
I am located in Manchester in case there are any localized organizations that could advise. Thank you so much for any insights you can offer.
Original post by sah90
Hello all,
I am a student reaching out for some advice regarding an employment situation I am currently dealing with. I recently worked for a direct sales company for just 3 weeks before resigning due to some serious concerns.
Originally, I responded to a job advertisement for an hourly wage sales role. However, after I started working, the company pressured me to sign an independent contractor agreement.
I worked for 3 weeks, completing over 43 hours. However, I was never paid any wages. When I complained, the company claimed I had signed a contractor agreement absolving them of wage obligations - but I never signed any such agreement.
In addition to the unpaid wages issue, I faced troubling incidents involving unwanted contact and a dismissive response when I complained internally. The company also did not provide any of the training that was originally promised during my hiring.
I showed up to the office to review the agreement, but found it closed without notice. I believe I should have been classified as a direct employee, but they insist the unsigned contractor agreement lets them avoid paying me.
Has anyone dealt with a similar situation before? Are there any legal clinics, advocacy groups or other resources you could recommend I reach out to? I want to understand my rights and options strategically. Any input would be greatly appreciated!
I am located in Manchester in case there are any localized organizations that could advise. Thank you so much for any insights you can offer.
I am a student reaching out for some advice regarding an employment situation I am currently dealing with. I recently worked for a direct sales company for just 3 weeks before resigning due to some serious concerns.
Originally, I responded to a job advertisement for an hourly wage sales role. However, after I started working, the company pressured me to sign an independent contractor agreement.
I worked for 3 weeks, completing over 43 hours. However, I was never paid any wages. When I complained, the company claimed I had signed a contractor agreement absolving them of wage obligations - but I never signed any such agreement.
In addition to the unpaid wages issue, I faced troubling incidents involving unwanted contact and a dismissive response when I complained internally. The company also did not provide any of the training that was originally promised during my hiring.
I showed up to the office to review the agreement, but found it closed without notice. I believe I should have been classified as a direct employee, but they insist the unsigned contractor agreement lets them avoid paying me.
Has anyone dealt with a similar situation before? Are there any legal clinics, advocacy groups or other resources you could recommend I reach out to? I want to understand my rights and options strategically. Any input would be greatly appreciated!
I am located in Manchester in case there are any localized organizations that could advise. Thank you so much for any insights you can offer.
You say, "the company pressured me to sign an independent contractor agreement" but that you "never signed any such agreement". Did you sign any agreement - a contract of employment, for example?
Is your only evidence that this was a salaried employment role (rather than that of an independent contractor) the "job advertisement for an hourly wage sales role". Or do you have anything in writing from them, including e-mails, which would suggest that they were seeking an employee?
never signed any agreement whatsoever with this company - no employment contract, no independent contractor agreement, nothing. I have made repeated requests for them to provide any signed contract, but they have been unable to produce one
Beyond the original job advertisement, the formal offer letter I received also clearly identified the role as "Sales Associate" rather than any contractor position.
My official job offer listed benefits and hourly pay rates specific to an employee role. There was no mention of self-employment or contractor status in the offer letter.
I have evidence like work schedules, emails, and other documentation that could confirm I was working for this company in the Sales Associate that I have accepted
Beyond the original job advertisement, the formal offer letter I received also clearly identified the role as "Sales Associate" rather than any contractor position.
My official job offer listed benefits and hourly pay rates specific to an employee role. There was no mention of self-employment or contractor status in the offer letter.
I have evidence like work schedules, emails, and other documentation that could confirm I was working for this company in the Sales Associate that I have accepted
Original post by sah90
never signed any agreement whatsoever with this company - no employment contract, no independent contractor agreement, nothing. I have made repeated requests for them to provide any signed contract, but they have been unable to produce one
Beyond the original job advertisement, the formal offer letter I received also clearly identified the role as "Sales Associate" rather than any contractor position.
My official job offer listed benefits and hourly pay rates specific to an employee role. There was no mention of self-employment or contractor status in the offer letter.
I have evidence like work schedules, emails, and other documentation that could confirm I was working for this company in the Sales Associate that I have accepted
Beyond the original job advertisement, the formal offer letter I received also clearly identified the role as "Sales Associate" rather than any contractor position.
My official job offer listed benefits and hourly pay rates specific to an employee role. There was no mention of self-employment or contractor status in the offer letter.
I have evidence like work schedules, emails, and other documentation that could confirm I was working for this company in the Sales Associate that I have accepted
You appear to have a string case. Given all that paperwork, there is no way that they could claim that you misunderstood he nature of the role.
Your problem now will be trying to persuade them to pay you, especially as they're an unscrupulous and dishonest organisation. It doesn't sound like the sort of company which is going to pay any attention to a strongly-worded letter!
I'm afraid I don't have any recommendations with respect to "legal clinics, advocacy groups or other resources". My first thought would probably be Citizens Advice Manchester, although I've never used them so can't specifically recommend them. You could also simply make a court claim (what used to be known as taking someone to "small claims court"). You can file such a claim on-line. This page describes the process. Again, it's not something I've done myself, but it's probably what I would do (if a strongly-worded legal-sounding letter didn't do the trick).
Thank you sincerely for the guidance - your advice to pursue a claim in small claims court is extremely helpful, as the company's intimidating statement about "wasting money" on legal action coupled with the inappropriate suggestion to meet privately makes it evident they aim to bully me out of lawful recourse. Their resistance to proper dispute resolution protocols shows court action may be necessary to seek justice. I truly appreciate you reassuring me that ample documentation supports my case, and will explore my options through Citizens Advice Manchester as a strategic first step per your counsel. Your insights give me confidence to stand up for my rights.
This should be a straightforward unlawful deduction of wages case. You can go to the small claims court, but it may be easier to use the employment tribunal if you are within the time limit. Fill out the form on the ACAS website for early conciliation. If they are still trading then eventually they will pay up.
I have contacted Acas and have an early conciliator. I was also discriminated against, and my formal grievance wasn't adress properly. The conciliator said to check the Vento band and am checking and am falling in the middle category but am not sure who to go to to help me see how much I could get.
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