Legal Question in Employment Law in California
Do I have to sign a contract and submit a w-9 the was given to me 1 day prior to my termination which they stated that I was not at fault for? But this states that I am an independent contractor. I have not signed either as I believed I was hired as an employee which is standard in my industry. I think I am being misclassified as an independent contractor and do not want to sign the contract which is also predated to the day I started the job (not two weeks later when I was replaced. I have filed a claim with the Department of Industrial Relations but in the meantime I want to get paid. ??
2 Answers from Attorneys
You should not sign anything without first consulting with an employment lawyer. Please give me a call (213-381-6557) or email me ([email protected]) if you would like to discuss the matter further.
You certainly have no legal obligation to sign the contract.
Rights to payment as an independent contract are much, much less favorable to you than rights to payment as an employee. As an empoyee, for instance, you are entitled to payment in full on the day you were terminated (or possibly up to three days later if you quit). Independent contractors don't have those rights. Employees are also entitled to certain penalties for late payment; independent contractors are not.
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