Legal Question in Business Law in California

I am the only officer of a California C Corp.

I have been working as an Independent Contractor on straight commission.

taking all the money into my Tax ID number.

My company has decided to make all of their Independent Contractors "Employees"

starting Jan. 15th.

Can a Ca. corporation be an employee??


Asked on 12/25/09, 1:30 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

No. Employees are people.

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Answered on 12/30/09, 2:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd go even a step further and say that employees are NATURAL persons. A corporation is a "person" in the language of the law, but it is an artificial person or, as sometimes said, a "creature of statute."

Also, your question is somewhat confusing because a reader will think you mean the California C corporation of which you are the sole officer when you say "my company." I guess "my company" is NOT the C corporation, but rather another business for which you perform services through the C corporation of which you are the only officer.

You are, probably, an employee of the C corporation, by virtue of performing services for it as an officer and probably otherwise.

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Answered on 12/30/09, 5:36 pm


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