Legal Question in Employment Law in California
I don't know where to begin.. I really need some help and advice with my employer and what risk I may be encountering while quitting.
I have been traveling the country for 8 years as a highschool choir/band event photographer. We are employed and taxed on a 1099 basis. I am not a photographer by trade. I was trained by them and given all mu equipment from them and use rental vans mainly to cart gear. They pay for everything including a 30$ a day allowance. My first question is "am i technically a 1099 private contractor even though i was trained given the equipment and essentially work for them" it is seasonal work and it is based on schedules that we pick our dates and agree for the most part. Sometimes you can be commited without notification or agreement.
I have 4 jobs left this season. I would like to quit immediatly and have them pick up the equipment. My only agreement to this work is an emailed schedule from them and a response saying i confirmed all the dates. My boss is extremely verbally abusive and is extremely degrading this is why i want to immediatly stop working for them. I dont feel i deserve the abuse ive put up with for 8 years. I was recently in a "accident" in the work van. I loaded the equipment as they have always taught me and an aluminum bench came forward and knocked my unconcious while shattering the windhshield. Question 2 is there any way this can be my responsibility? I have ongoing medical problems from the recent hit leaving me strangly more emotional. I also had a recent threat that an assistant they gave me in vegas 3 years ago who totaled our van that i could be responsible. The kid was a felon who was arrested i had no knowledge and informed them he was missing within 20 min at the time. After an hour we found out about it. The kid is claiming he was "getting me drugs at the time" the accident was at his moms so that obviously is a lie. He was in the understanding that he was getting breakfast and coming right back. I also believe that they have told me an inncorect way to do my taxes. I believe they have me writing off gas/food/airflight while they also are writing it off. Is this legal? Seems like double dipping but i do not know tax law well. I would like to protect myself and know what i can do to distance myself from this company.
Who should i contact to get help or advice, i live in sacramento. I am also very poor and cant afford much. Thank you so kindly for your time
1 Answer from Attorneys
You can file a claim for worker's compensation benefits such as temporary disability and permanent disability and ongoing and future medical treatment. The burden of proof is not very high. Feel free to call me at 213-388-7070 for a free consultation.