Approved Home Health Nurse and LPN Legal Action Page

Are you a former employee or independent contractor of Approved Home Health and feel threatened, followed, intimidated or has your property been vandalized by staff of Approved Home Health? Then you can file a Restraining Order to protect yourself and your property. Please also talk to an attorney.

 Information on how to file retraining order.

If you are a current or former independent contractor of Approved Home Health and you have not been paid the agreed upon rate on your contract then the contract has been broken and you can sue for past pay. Collect all payroll information, a copy of the contract and talk to an attorney.

Approved Home Health misclassifies nurses as independent contractors to avoid paying withholding taxes and employee benefits such as overtime pay. As an employee Approved Home Health would be responsible for withholding taxes(which requires them to pay 50% of your income tax) and paying overtime pay for employees that work over 40 hours a week. You have the right ask to be reclassified as an employee. You can also recoup withholding taxes from Approved Home Health even if you were terminated months or years ago.

Courtesy of the IRS.GOV Webpage:

When determining whether the person providing service is an employee or an independent contractor, all information that provides evidence of the degree of control and independence must be considered.

Common Law Rules

Facts that provide evidence of the degree of control and independence fall into three categories:

  1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
  2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
  3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

Work schedules, bi-weekly (every two weeks) paychecks, mandatory meetings, paperwork deadlines, written contracts (with employee contract written on top), direct supervision of nurses all point to a serious misclassification of nurses at Approved Home Health.

 If you have questions please contract the IRS directly or talk to an attorney.

Information about I.C. Reclassification

IRS.GOV Reclassification Form