Legal Question in Employment Law in California
If my employer failed to report my earnings to the state, am I at fault? If not what are my options as I am now unemployed? Background: I was hired by former employer May 2009 and was laid off August 2010. During my employment my employer paid me as a 1099 subcontractor even though I was an employee until the accountant told him he was viloating employment laws because I did not fit the category of a sub-contractor. He told my employer to immediately put me on payroll and to retro-actively fix the prior months. He was told this November 2009 but did not fix until April 2010.
2 Answers from Attorneys
If you apply for unemployment and are denied for 1099 basis, you can appeal and show the truth. However, applying for EDD will trigger an investigation and result in penalties against the employer, and you, for payment of all the contributions and taxes you both were supposed to be withholding and paying.
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