Legal Question in Employment Law in California

Can I sue the property owner for work I did but they did not pay me all of money owed I am not a contractor but was operating with a owner builder permit which makes me the agent for the PO an employee right which means I should be paid right $ 2190I have emails and estimates and receipts


Asked on 12/17/14, 11:45 pm

1 Answer from Attorneys

The fact that the owner pulled the permit instead of you does not automatically make you an employee. Whether a person is an employee or an independent contractor depends on an evaluation of all the details and circumstances of the work relationship (both employees and contractors are "agents" to different degrees, so whether or not you were the owner's agent is irrelevant). Considering you provided the owner estimates and have receipts, meaning you bought the supplies and materials and billed the owner, suggests you were a contractor, not an employee. You also face the fact that construction is about the only industry in which there is a presumption you are a contractor, not an employee, and you have to prove you were an employee if you don't have a contractor's license.

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Answered on 12/18/14, 7:40 am


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