Legal Question in Employment Law in California
Contractor or employee
I have been retained as a commission only sales representative on a 1099 basis.
The company requires me to attend office meetings twice a week, complains if I don't work effectively full time to bring in sales, provides training materials and teaches scripts and procedures to be used in selling, prefers me to mentor new representatives, report my activities every day and be on call at all times to pursue leads.
Am I in fact an employee?
3 Answers from Attorneys
Re: Contractor or employee
From what you describe, you certainly sound like an employee. There are many factors that go into the equation but the most important factor is the degree of control the company has over the work you are expected to do. It sounds like they have quite a bit of control, which leans in favor of being an employee.
The California Employment Development Department has the authority to audit companies who misclassify employees. You can complain to that agency or the Labor Commissioner's office, depending on what you hope to accomplish.
Re: Contractor or employee
From the facts as you describe them, I would argue you are an employee. Scott Miller, www.CaliforniaWageLawAttorney
Re: Contractor or employee
Maybe. It sounds like it could be argued. What is your motive in raising the issue? If you want to bring a claim for employee benefits, compensation, OT, etc., you can. Depending upon the amount computed to be due you if successful, it may be worthwhile having an attorney help you. Feel free to contact me if interested. Keep in mind you could end up in a discussion with CA FTB and IRS about unpaid taxes, deductions, penalties and interest. Get some advise before jumping into something.
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