My question involves labor and employment law for the state of: Colorado/Ohio
A recent pay dispute (which I'm also getting help with here on the forums) led me to start doing research into both Colorado and Ohio labor laws. To my dismay, I found that many of these protections only apply to actual employees (and not independent contractors). But to my surprise, I found something else quite interesting. There were a few Colorado based tax attorney sites that list several ways people are often misclassified as an independent contractor. To my shock, I ticked like 7 out of 10 boxes! I've also heard this can result in an employer being required to pay back taxes owned to their misclassified employee (all of which I've had to pay out of pocket on my own).
Just a few questions on this. How hard is it to win a case like this, or are they usually unwinnable cases? Because I feel I can make a very good argument that I was treated as an employee but only compensated as a 1099. Also, if I did want to pursue it, what kind of attorney would I need? Would tax attorneys handle the actual suit? And if I lose, could I open myself up to any legal trouble?