Legal Question in Employment Law in California

I'm an independent contractor with a difficult client. In 2008, they either refused to pay me or bounced my paychecks totalling $9000. I'm unhappy but they have plead poverty and promised to pay asap. Today I learned they are spending a load of money on a ill-conceived marketing campaign. I believe unpaid wages should come first. Additionally, they misreported my income on my 1099 by including all the withheld wages. What can I do?


Asked on 8/26/09, 5:55 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you are an independent contractor, they don't owe you unpaid wages; you're not an employee. You have a contract they breached. Sue them if you want to collect.

Now, if you really are an employee mis-categorized, then you could file a claim with the Labor Commissioner, and hire an attorney to help you sort out all the claims you can make, and the penalties you and the employer are going to suffer for the mis-categorization. Feel free to contact me if serious about getting legal help.

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Answered on 8/26/09, 8:45 pm


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