QUESTION
My employer classified me as an independent contractor and I wasn't aware until I was given my Form 1099. Can I pursue an Employee Rights Litigation?
Asked on Mar 31st, 2016 on Employment Contracts - California
More details to this question:
When I was hired as an Executive Assistant to a Physician at an OBGYN practice, I was told I would make X amount bi-weekly (2nd and 4th Friday/month), I would work 40 hours a week from 9-5, Monday through Friday and sometimes Saturday if needed. I worked on the company premises, I used the company tools (phones, computers, cell phones), I was required to comply with my employers instructions regarding my job duties on a daily basis, I received basic training from another employee, and my work was integrated into the company's success. I was a full-time, salaried employee, yet when it came time to receive my W-2, I was given a Form 1099 instead and a co-worker told me I had to pay taxes to City Hall or I would get fined. When I questioned my employer about it, he said I was an employee. Then when I asked him to sign a form that states I'm an employee and I don't need to pay taxes to City Hall, he refused, saying I was an IC "up until now." Do I have a case against my previous employer?
1 ANSWER
Discrimination Attorney serving Westlake Village, CA
at
Law Offices of Stephan Math
Update Your Profile
Based on your general description of your job it sounds like the employer exercised sufficient dominion and control over you and your duties and provided the means for the performance of those duties. Not mentioned is the fact that apparently you were also not provided with pay stubs setting forth all proper deductions....this is also in and of itself a violation of California law.....to the extent you were improperly paid and taxes were not paid that would appear to be a possible case of wage theft and/or a failure to pay full promised wages...finally, there is also an issue of misrepresentation of the terms and conditions of the employment..with regard to the latter issue it would be helpful to know if you turned down another position when you took this one, left another position when you took this one or moved from one location to another when taking this position.........there are specific statutes covering those types of facts..........Stephan Math Esq.
Answered on Mar 31st, 2016 at 1:58 PM