Legal Question in Employment Law in California

I have been redefined as a Independent contractor for the company I have been with for 10 months. I was hired as a part time employee and signed all the tax documents, when I agreed to be an Independent Contractor I was not given anything to sign. I still have miscellaneous duties assigned by management as well as my grooming duties. I am paid 50% commission by check from the company, minus any discounts or refunds given by the company. They company provides the large equipment (kennels and bathtub) and the rest is mine (kennel dryer, grooming equipment, supplies, maintenance etc.). I am trying to figure out what I need to save for taxes. Am I considered an employee or and Independent Contractor?


Asked on 6/01/13, 8:29 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

The company can not unilaterally 'make you' an independent contractor like that. You probably could not even do so voluntarily under the facts described without your entire duties and relationship with the company being revised.

You therefore probably have an unpaid wage claim that you can file with the Labor Commissioner, for all the hours worked that have not been paid hourly, plus penalties and interest, plus attorney fees if you win.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 6/01/13, 11:04 pm

You are either an employee or an independent contractor. This is determined by a series of factors and is not merely a decision that you and the employer decides. If you are an employee and not an independent contractor than you may have a wage claim. I would need to know more factors to provide you with a precise opinion. I can be reached at [email protected] or 818 345 0123.

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Answered on 6/02/13, 9:54 pm


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