not realy an independent contractor

my last employer had me down as an independent contractor but when i filled for unemployment they did an investigation and said i in fact was a regular employee can you give me some advice on what i can do about this

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When you ask about "[W]hat I can do about this," I will assume that you are looking for your employer to (1) reimburse you for the employer part of FICA, which the employer would have paid were you an employee and not a contactor (otherwise, you had to pay that portion yourself, often called a "self-employment tax"); (2) pay you any benefits--sick days, vacation days, paid holidays, medical insurance, pension or 401(k) contribution, etc. that an employee would receive; and (3) if appropriate, pay you any overtime  that you might have been eligible for as an employee. If that's the case you're in luck--a state dept. of labor, if they find that any employer has been cheating both the system and employees by treating them as independent contractors, will typically force employers to pay employees back wages, taxes, and benefits. Call the CA Department of Industrial Relations worker hotline at (866) 924-9757 and they will direct you to the correct section or division within the department. Have your information or documentation from the unemployment office, when they determined you were a worker, with you. The Dept. will do an investigation and might be able to arrange for you to get any missing compensation; or if you should get your own attorney to represent you and file a claim, they will you that, too.

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