Legal Question in Employment Law in California

Independant contractor or lose my job

My employer wants me to change my status to a independant contractor! I went to the edd.gov site and used their questionaire to determine if legally my status was an employee vs. independant contractor, my status is definently an employee. My employer said he would fire me then hire me as a independant contractor. If I refuse to do this I'm out of a job. What should\could I do?


Asked on 8/31/06, 2:27 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Independant contractor or lose my job

The employer's conduct is unlawful. If you are truly an employee he will still owe all the taxes, wages and legally mandated benefits. Moreover, the legislature has proposed new laws that will add substantial penalties to the existing laws regarding misclassification of employees. It is not a wise choice. You will have claims against him, but you may be better off searching for another job with an employer that does not violate the law. If you continue to work, you will be required to report your earnings and pay taxes (including the employer's portion of about 7.5%) on those earnings. If you are injured or must file a workers' comp claim or an unemployment claim you might have some difficulties.

Read more
Answered on 9/07/06, 8:31 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California