Can I sue my “employer” for back hourly wages since they put me on 1099 for what seems to be their tax advantage?

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Can I sue my “employer” for back hourly wages since they put me on 1099 for what seems to be their tax advantage?

My employer fired me today and was paying me as a 1099 independent contractor but provided me with desk, phone, computer and even told me I had to be at work from 9 am – 6 pm, Mon- Fri.. Can I sue for back hourly wages becasue it seems as though I was an employee. I was there for 7 weeks and paid $400. Are there any other damages I can sue them for?

Asked on July 12, 2012 under Employment Labor Law, California

Answers:

Aryeh Leichter / Leichter Law Firm, APC

Answered 9 years ago | Contributor

If you were improperly classified as an independent contractor, you have a number of potential claims, including unpaid overtime, failure to provide statutorily-mandated meal and/or rest breaks, failure to keep statutorily-mandated employment records, failure to provide itemized wage statements, failure to pay all wages owed at termination for which you would be able to recover compensatory damages, attorney's fees, and interest.

Please contact me (213-381-6557 or ari@leichterlawfirm.com) if you would like to discuss the matter further.

Sincerely,

Ari Leichter


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