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  1. #1
    Join Date
    Aug 2009
    Posts
    2

    Default Retaliation Protection if Misclassified

    My question involves independent contractors in the state of: CA

    According to IRS and CA state tax guidelines, I am a misclassified employee (currently working for a firm as 1099 "per diem"), although this has yet to be determined. The firm has not paid me for months of work; I am still "under contract" until 3 weeks from today (will be one year of working with them).

    1) Under CA law, am I protected from retaliation if I file an IRS S-88 and it's determined I am actually an employee?

    2) Am I protected from retaliation if I just forgo the IRS route and file a civil suit against the firm for 1) unpaid wages and 2) misclassification determination by the judge?

    3) Obviously I need to get paid--son and husband both had recent serious medical diagnosis and I told the firm about this and delayed my billing for 2-3 months, which they did not object to, but nonetheless I performed and delivered all the work in stellar form even with the medical issues going on simultaneously.

    4) in other words, if they won't pay after a judgment is entered should I prevail, can I sue them for retaliation as they WILL "fire" me when I file suit OR when I file a complaint with the IRS, whichever I decide to do..

  2. #2
    Join Date
    Aug 2009
    Posts
    2

    Default Protection from Retaliation if I File an Unemployment Claim

    My question involves independent contractors in the state of: CA

    I am a misclassified employee according to IRS guidelines. The firm I "contract" called me in a couple months ago, while under "active contract", and out me "on hold" and has not paid me for months of work--only paid one month's bill and shorted another, leaving about $35K unpaid.

    I believe if I file a claim for unemployment I will prevail in getting that benefit. If so, am I protected from retaliation by filing the claim to challenge the misclassification status--I am still under active contract, yet they give me no work and have other 1099-ers do the work in the accounts I am contracted to do--yet they have not released me from the "contract", and have not terminated the contract?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Protection from Retaliation if I File an Unemployment Claim

    I can't read your contract from here. Run it past a lawyer.

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