Legal Question in Employment Law in California

My situation; I have been with my present employer for almost 3 yrs. I get paid on commission sales, and 3 days a week on an hourly basis. I have a desk in the office, and I am expected to be at work and ready to show one of our products most working hrs. during the week. All of my earnings are taxed on a 1099 at the end of the year. I get no benefits and no paid time off. I am contemplating getting a lawyer and challenging my 1099 status at the end of this year. My question is; If it is found that my employer has me on the wrong tax schedule ,will they be forced to retroactively pay all of the state and federal fees that they would have been obligated to pay if I was on a different tax schedule? Also, any chance I could get any of the benefits retroactively that I would have been legally receiving if they had been fulfilling their legal due diligence as employers?


Asked on 9/26/10, 11:10 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Yes, they will have to retroactively pay with penalties and interest, and so will you on your required contributions that you haven't been paying. Yes, you may be entitled to payment into any retirement or other funds that other employees got.

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Answered on 10/01/10, 12:07 pm


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