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  1. #1
    Join Date
    Aug 2013
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    Default Can Employees Misclassified as Independent Contractors Get Unemployment

    My question involves independent contractors in the state of: CA

    I was hired as a 1099 employee but my employee refused to give me a written contract that stated my duties and commission rate. Although I keep an online calendar that was shared with the office, I was told to come into the office for a set amount of hours everyday which I thought made me a W-2 employee. Everything with this company was verbal. Since I keep asking for a written contract that spelled out my duties after working one month the company decided to terminate my employment. The company did not take out any taxes from my payroll. My question is, was I really a W-2 employee and can I apply for unemployment?

  2. #2
    Join Date
    Oct 2006
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    5,930

    Default Re: Hired As 1099 Contractor Did Not Receive a Written Contract

    Quote Quoting mff
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    My question involves independent contractors in the state of: CA

    I was hired as a 1099 employee but my employee refused to give me a written contract that stated my duties and commission rate. Although I keep an online calendar that was shared with the office, I was told to come into the office for a set amount of hours everyday which I thought made me a W-2 employee. Everything with this company was verbal. Since I keep asking for a written contract that spelled out my duties after working one month the company decided to terminate my employment. The company did not take out any taxes from my payroll. My question is, was I really a W-2 employee and can I apply for unemployment?
    There is no such thing as a 1099 employee. You are either an employee, and therefore they withhold taxes and you get a W2, or you are a contractor, and they do not withhold taxes and you get a 1099.

    Based on your description, its pretty likely that you were technically an employee and that your employer was playing games with the system. You can certainly try to file for unemployment, and see if the UI people agree.

  3. #3
    Join Date
    Sep 2011
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    14,738

    Default Re: Hired As 1099 Contractor Did Not Receive a Written Contract

    On the otherhand, you were simply told to report and perform the job you were hired to do. If you dispute the classification of your employment, I suggest you contact the DLS to file a wage claim.

    http://www.dir.ca.gov/dlse/faq_indep...contractor.htm
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  4. #4
    Join Date
    Jan 2006
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    27,824

    Default Re: Hired As 1099 Contractor Did Not Receive a Written Contract

    What you described itself is not enough to determine whether you were an employee or an independent contractor. On top of that, there is no requirement in law mandating a written contract be created or that your duties are that defined.

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