Independent Contractor or Employee in California

[wmgaffney]

My question involves independent contractors in the state of: CA

I recently began doing tech support for a small IT firm (2 owners). I have no signed contract but do have an email detailing an hourly rate i will be paid on a specific project. My work product is basically providing first level tech support along side of the main IT engineer. He directs my work and tells me what I should be doing. Sometimes I work alone with constant direction from him via phone, sometimes with him at the job site.

I submit daily reports with hours worked and details to the office. I was paid for the fist 45 hours. I am now up to 42 hours on the next phase of the project and was told by one of the owners that I will be paid when the client pays them. Guess what... the client told me they were contesting the charges and will not be paying anything further.

They bill the client for consulting services. I completed no application or I-9 or Withholding form and realize I have no rights if I am considered an independent contractor. Do I possible have recourse to get paid if I am considered an employee even if the client never pays for the project?

[Mr. Knowitall]

If you're an independent contractor, you have the right to sue for your unpaid fees.

Read this and, if you require a determination of your status, follow the links at the bottom to request such a determination from the IRS or EDD.