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What kind of employee am I?

Simi Valley, CA |

I worked as a 1099 employee for 3 companies in 2007 and 2008. I was called back to one of those companies in 2009 but I didn't work anywhere else that year. He never paid me for the work so how should I go about collecting? If I take him to small claims court as a 1099 employee they will ask me who else I worked for that year and the answer is nobody but if I file with the labor board will I get in trouble for not paying any taxes on that money and wont he get in trouble also? I don't know which way to go....

Attorney Answers 1


Under California law, the question of whether one is an independent contractor or employee depends on the particular facts of each case. Generally speaking, the most important factor is whether the putative employer has the right to exercise control over the manner and means by which the contractor/employee performs his or her job. There are other factors as well, such as whether the parties believed they were creating an employment relationship, but the primary factor is this right to control. An employer who fails to pay wages may be held responsible for the unpaid wages, liquidated damages, interest, penalties, attorney fees and costs. The Labor Commissioner will award some of these items, but you would have to go to Court to seek others.

I cannot address your tax concerns. You should speak with a qualified tax professional on that issue.

Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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