Legal Question in Employment Law in California

My former employer just contacted me, asking that I sign a work contract that they claim they no longer have on file and must submit to EDD (California's Employment Development Dept.). Apparently, they have an interview with EDD in two weeks. At the time, I was hired as an independent contractor, and so I am fairly certain that my former employer is anxious to avoid taxes and penalties. My worry is that they will send me a contract that is vastly different than the one I initially signed years ago (and which I no longer have a copy of). Legaly, must I help my former employer? Shouldn't they, by law, have to keep records of signed contracts? I should add that my independent contractor status was dubious at best.


Asked on 10/09/09, 5:43 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You have no obligation to sign anything or help them. However, it would be in your interest to help them confirm you were an IC and not an employee; otherwise you and they could end up owing penalties and back taxes.

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Answered on 10/09/09, 6:37 pm


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