Legal Question in Employment Law in California
Hello my name is James. I currently work for the state of California. I go to work every day and enter my cubicle where I sit to begin work on time and leave when I am told I can do so. I have been working for a Community College for approximately six years now. I will reiterate the fact again that they (my employers) expect me to be there at a certain time and throughout the week. They (The college) has classified me as an independent contractor. I work there and get paid 12 months out of the year (I receive paychecks on the 1st and 15th of every month) and work 5 days a week. I receive no benefits whatsoever and receive a 1099 misc form from my employer. My question is, am I being misclassified by my employer and if so, what are my rights and possible resolutions to this particular issue?
1 Answer from Attorneys
Without other facts to go on, I would bet you are 'illegally' misclassified, and entitled to pursue an unpaid compensation claim for the past due benefits. Feel free to contact me if serious about pursuing this. Are there others in similar situation? They could too.