Massachusetts Lawyers Weekly reports on a misclassification claim that was limited by the statute of limitations because the worker shown have known that he was misclassified as an independent contractor. In this case, the court said:
Plaintiff argues, however, that the statute of limitations as to these claims was tolled until he became a Town employee in December 2013 because, prior to that time, he neither knew, nor should have known his correct classification due to misleading information purportedly provided to him by the Town. …
In this case, the undisputed factual record establishes that Plaintiff was fully aware when he was first hired in August 2005 that his immediate predecessor as Chief Wastewater Operator was a Town employee, and that Plaintiff also was aware that the Town had advertised the position of Chief Wastewater Operator as one for a Town ‘employee,’ not as a ‘contract’ position. … These facts are sufficient, in-and-of themselves, to demonstrate that Plaintiff, at the very least, should have known as of August 2005 that the job of Chief Wastewater Operator potentially qualified as an ‘employee,’ as opposed to a ‘contract,’ position. … Plaintiff is barred, as a result, from recovering damages on Counts II and III of his complaint to the extent such damages were incurred prior to August 8, 2013. …
Read the full story at: Employment – Independent contractor – Statute of limitations – Massachusetts Lawyers Weekly
