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

Answers:

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.


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 AttorneyPages.com 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.