not realy an independent contractor.

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.


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