Legal Question in Employment Law in California
My former employer is being investigated by California's Employment Development Department (EDD). I haven't worked for this employer for more than three years, but they've sent me a work contract and a W-9 form to sign. They say that EDD is asking for these documents. Is it legal for me to sign these documents years after I've left this employer? Both documents are dated the month and year I first began working for them, back in 2005. I'm guessing that they need to confirm that I was an independent contractor. I properly claimed my wages with this employer and paid all taxes owed.
2 Answers from Attorneys
It sounds as though this employer is being audited for misclassifying its employees as independent contractors, which could subject it to back taxes and penalties for all the employees it misclassified, which may include you. If, in fact, you were misclassified, you should have not had to pay self-employment tax. The employer should have paid into your social security fund and made other required deductions, it may now have to pay and reimburse you for.
You should contact the EDD and try to find out who the investigator is, to see if the forms sent to you were authorized by the EDD. The employer may be trying to cover itself and you do not want to assist it with defrauding the State of California. You have no legal obligation to sign anything the employer asks you to sign.
Sign nothing, and say nothing, to anyone except your attorney. Anything you say or do could be used against you, and you face potential penalties and back taxes it sounds like. Your attorney can give you an opinion after review and consultation about ALL the facts and issues you face. Feel free to contact me if serious about getting that done.
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