Misclassified Independent Contractor Needs Unemployment Benefits

[Cali707]

My question involves independent contractors in the state of: California

I know for fact that I've been working with a company for two years now being misclassified as an Independent Contractor when I should be on payroll as an employee. I get paid hourly, tasks are assigned to me, have set hours, and work in the office. Clearly what they have been doing is illegal, but I've put up with it because I've been unsuccessful in finding other employment. Now this job is ceasing to exist soon and I need to know how I should proceed in possibly securing unemployment benefits. Appreciate the help in being advised in what my first step should be.

Thank you!

[PattyPA]

You file. You will initially be denied. You will have to appeal, and your offense will be that you were misclassified.

Do you have any record of payments you have received, by date? That will help.

[Cali707]

You file. You will initially be denied. You will have to appeal, and your offense will be that you were misclassified.

Do you have any record of payments you have received, by date? That will help.

I have copies of some of the checks they wrote to me, but not all. Many of the checks I cashed at their bank, so I could ensure that none of the checks bounced (as they did in the past). And I have 1099's from 2008 & 2009. Will any of this help with my case?

[PattyPA]

Yes, the 1099s will help, because they will show your gross earnings.