Can I sue my “employer” for back hourly wages since they put me on 1099 for what seems to be their tax advantage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue my “employer” for back hourly wages since they put me on 1099 for what seems to be their tax advantage?
My employer fired me today and was paying me as a 1099 independent contractor but provided me with desk, phone, computer and even told me I had to be at work from 9 am – 6 pm, Mon- Fri.. Can I sue for back hourly wages becasue it seems as though I was an employee. I was there for 7 weeks and paid $400. Are there any other damages I can sue them for?
Asked on July 12, 2012 under Employment Labor Law, California
Answers:
Aryeh Leichter / Leichter Law Firm, APC
Answered 12 years ago | Contributor
If you were improperly classified as an independent contractor, you have a number of potential claims, including unpaid overtime, failure to provide statutorily-mandated meal and/or rest breaks, failure to keep statutorily-mandated employment records, failure to provide itemized wage statements, failure to pay all wages owed at termination for which you would be able to recover compensatory damages, attorney's fees, and interest.
Please contact me (213-381-6557 or [email protected]) if you would like to discuss the matter further.
Sincerely,
Ari Leichter
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.