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..