Legal Question in Employment Law in California

I am a chef and was claimed as a 1099 from my previous employer. Is this illegal considering I really was not an independent contractor?


Asked on 3/25/10, 9:53 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Without knowing all the facts, I cannot say for sure, but if you were under the control of the employer, you probably were misclassified and should have been treated as an employee, with taxes withheld from your paycheck. You can complain to the audit department of the EDD, which has the authority to investigate the employer and require that they reimburse you for your taxes you have paid from the 1099. If you believe you are owed wages, you can file a complaint with the California Labor Commissioner or consult with an employment law attorney.

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Answered on 3/31/10, 9:29 am


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