NY - Fired/Constructively forced out after 3 days? Manager verbally abused me, threatened false police report, and classified me as an independent contractor. Do I have any labor law claims?
I live in New York and recently started my first office job after graduating college. I was hired as a Sales Assistant for an international export company.
I only worked for about two and a half days before leaving after an incident with my manager.
On my third day, she assigned me a task involving the number 1438. She gave me no explanation of what the number represented or any context about the transaction. Based on the work I had been doing, I calculated a price per pound, but before completing it I asked a simple clarification question because I wanted to make sure I understood the assignment correctly.
Instead of answering the question, she immediately became angry and started insulting me personally. She criticized my work, my education, and continued yelling instead of explaining the task. This wasn’t the first time she had done this. On my second day, she also berated me for printing Excel sheets differently than she wanted, even though she had never told me her preferred format beforehand.
After she continued insulting me, I lost my temper, slammed the table, and cursed at her.
She then threatened to call building security and the police and claimed she would tell them I had hit her, which is completely false. I called the police myself while still in the office and explained what had happened. The officers responded, and no assault charges or accusations were made against me.
There are several other things that concern me:
I was classified as an independent contractor/freelancer even though I worked in the office on a fixed Monday-Friday schedule under her direct supervision and used the company’s equipment.
During the argument, she reminded me that she had copies of my driver’s license and Social Security information that I had provided during the hiring process.
The office suite displayed a different company name than the company that hired me.
The office only consisted of me and my manager, although she said other employees worked from a Manhattan office.
My questions are:
Does this sound like possible independent contractor misclassification under New York or federal law?
Could the repeated personal insults and threats of making a false accusation have any legal significance, or are they simply not illegal?
Would filing complaints with the New York Department of Labor or the U.S. Department of Labor be appropriate if I believe I was intentionally classified as an independent contractor to avoid payroll taxes and employee benefits?
Are there any other agencies I should consider contacting based on these facts?
I’m mainly looking to understand what legal rights, if any, I have under New York labor law.