not realy an independent contractor.

UPDATED: Jun 14, 2009

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not realy an independent contractor.

my employee had me down as an independent contractor but when i applied for unemployment they did an investigation and i turned out i was in fact not an independent contractor and i was wondering what i could do about it

Asked on June 14, 2009 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I assume you're looking (1) to be reimbursed for taxes you paid (the "self-employment tax") which otherwise you're employer would have paid for you, plus (2) any benefits you would have received as an employee (paid holidays, vacation, sick days, pension or 401(k) contribution, etc.) and (3) any overtime (if applicable) you might have received? Contact the CA Department of Industrial Relations at their worker hotline (866) 924-9757; the DIR is the CA "department of labor," and when dept. of labor find that employers have been cheating the system and their employees by calling employees independent contractors, they will often force the employer  to pay the employees what they're due.  The worker hotline should be able to direct you to someone who can take your complaint and advise you as to next steps, including whether you want to retain you own lawyer as well to file your own claim. Have available any info or documents from when unemployment determined you were an employee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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