My question involves independent contractors in the state of: New Jersey
First, let me say that I wish I had known of this forum prior to beginning my current journey through employment law.
I live in Connecticut and have worked remotely from my home since April 2015 for an LLC licensed in the state of New Jersey. The position is a telecommute position. I have a few questions that I would like to have some input on because I am confused about what to expect and what to do.
1. I was hired by contract in April, 2015. The contract states that I am an employee/consultant. It states that I will begin as a consultant and be transitioned to full time employee status on or before July 1, 2015. This transition never occurred in spite of many promises. The company has never withheld taxes from my pay and the owner maintains that I am an IC. Last week, I filed an SS-8 with the IRS for determination of employee/IC status. I worked set hours, all work done was assigned and monitored by my supervisors or company owner, and I was part of a team whose work is integral to the company's business. Pay is annual salary, paid monthly, and is determined by the company. I use my own personal PC and printer (which I owned prior to hire). All software, email, training, and VPN connections used are provided by the employer. The work must be performed by me personally. I do not own my own business and I have no other contracts or employment. I think I have a good case for classification as an employee.
2. The company has not paid me for work performed in November and December due to lack of funds (per the owner). Last week, I filed an unpaid wages claim with the New Jersey DOL.
3. Last week, I also notified the company owner that I cannot continue to work without pay and would be taking a leave of absence. I then sent a letter notifying the company of the leave of absence. I chose the leave of absence rather than quitting because I know of former ICs who worked for the company who did not receive any owed back wages at all after quitting.
4. My questions are: Should I formally terminate my employment/contract (there are no penalties for doing so per my contract) and file for unemployment based upon reasonable cause of unpaid wages? Do the legal experts here think I have a good case to be determined an employee by the IRS? Will the unpaid wages claim filed with the NJ DOL cause an investigation into the company's classification of it's workers?
Thanks to all for your help with my questions. I have been quite confused and feel lost. This company is my only source of income. I am currently seeking other employment and do not intend to return to work for this company.

