Legal Question in Employment Law in California
status misclassification 'temp'
As a result of a 1999 audit, I find out IRS considers me an employee;the company calls me a 'temp', I have been switched to payroll in Sept 1997- for tax purposes I thought (was contract programmer before).No contract signed,no benefits, vacation, sent home if slow/system down or boss crossed with me.I was still required to be available if any support was needed even when I was blacklisted and punished with no work for one month. Only submitted actual work hours.
Shortly after IRS made inquiries at work, I was laid off by HR as part of a reduction of force, even though management wanted to keep me. I am collecting unemployment and am in the company's 401K. I know this is a grey area, but..what was I?
1 Answer from Attorneys
Re: status misclassification 'temp'
It is unclear from your e-mail what you were and when. The I.R.S. does have certain factors it looks at to determine whether you are truly and employee or an independent contractor. So does the State. But it appears this determination took place some time ago and there are statutes of limitations that apply (either 2 or 3 years). You should create a timeline of events and run it by an employment law attorney to evaluate your case.
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