Legal Question in Employment Law in California

I gave my employer 3 1/2 weeks notice and she told me to leave that day. She then said she could withhold my final paycheck because I was an independent contractor not an employee. She wanted me to sign that I wouldn't ever see past clients and insisted I write 4 more reports three weeks after I left. Her dad is an attorney in Arizona and her former client is an attorney in California so they were writing harrassing letters until I hired an attorney to stop it. I filed an IRS SS-8 form and they agreed I was an employee since I worked 4 years prior as an employee. I still have not heard from my former employer or received a corrected W-2. My paycheck was for about $2000.00 and now I should be due 30 days in penalties since it has been over a year and a half. Should I go to the Labor Board, hire an attorney, or go to small claims court? My former employer took it very personally that I left and she will probably fight whatever I do.


Asked on 9/01/09, 12:44 am

1 Answer from Attorneys
Raphael Katri Law Offices of Raphael A. Katri

If the duties were you performing qualified you as an employee rather than an independent contractor, you could possibly be owed back wages and/or your former employer could be subject to additional penalties including (if any): overtime, meal and rest break violations, improper wage statement, waiting time penalties, etc.

You should consult with an attorney to determine your particular situation and what options you may have. If you would like to contact my office, I will offer you a Free Initial Consultation via telephone and/or email and, if we accept your case (if any), we can likely take it on a contingency fee basis.

Raphael A. Katri, Esq.

LAW OFFICES OF RAPHAEL A. KATRI

(310) 940-2034

[email protected]

http://www.SoCalLaborLawyers.com

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Answered on 9/01/09, 1:16 am


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