Legal Question in Employment Law in California

Last January (jan 6,09) I was hired onto my current job. I was told to fill out a w-9 and that I was hired on as basically an independent contractor. So at the end of the year I owe taxes and would get a 1099.

However they've been treating me as an employee. And according to my boyfriend's boss (he owns his own business) and all the stuff we have been reading up on California state laws and stuff, the way they have me working I am legally considered an employee, not an independent contractor.

They have me working at set designated hours (9-6, m-f). I have to work in the office. I get paid a set amount at the end of the month, unless I was absent. I can't set my own hours. I cant work from home. They also wrote out several pages detailing my job.

I am wanting to know if they have mis-classified me in order to get away from paying my taxes and not giving/providing any benefits.

The tricky part is...I am paid by corinthian properties, llc. And even though I do some accounting and paper work for the one company I was hired under, I really report directly to another company. They are each owned by a different brother. Most of the work I do is for the second company, who is not paying me at all.

I have since requested from the boss that pays me to send me all documents that I signed when I was first brought on. Honestly, all I remember signing when I was first brought on was a w-9 and i gave them a copy of my resume/cv.

Am I technically, under state law, an employee or am I an independent contractor


Asked on 12/22/09, 3:36 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Regardless of what you are called, if you are actually an employee, you can file a claim with the Labor Commissioner for unpaid compensation and benefits, as long as you understand that both you and the employer are going to get hit with penalties for non-withholding of taxes and contributions if they find in your favor.

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Answered on 12/29/09, 10:47 am


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