Legal Question in Employment Law in California

Independent Contractor or Employee

I worked for the same company as an employee from December 1997 thru December 2001. In December 2001 I resigned without notice. The day after I resigned I came back to the company office to get my final paycheck. While I was there, the CFO asked me to return to the company as an �independent contractor.� I accepted the terms he proposed. I have worked here as an �independent contractor� for nearly 11 months since I resigned. My situation has essentially been the same as when I was an employee. The difference is that I have received none of the entitlements that I had formerly received as an employee and that all other employees receive. These include medical/dental insurance, paid holidays/sick days/vacation days, withholding for my taxes or social security, unemployment insurance, and workmen�s compensation. Recently I learned that because of my working situation here, I am most likely an employee and not an �independent contractor.� I want to bring this to the attention of the company in hopes of restoring my benefits. I fear that I might be terminated because of this.


Asked on 10/22/02, 12:11 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Independent Contractor or Employee

It is highly unlikely you are properly classed an IC. Therefore, you could request retroactive employee classification and payment of benefits, including tax withholdings, etc. That request will, however, make 'waves' for you. If fired, you would have grounds for a retaliatory termination suit.

Read more
Answered on 10/24/02, 5:55 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California