Q: Can an employer change my employment status from F/T Perm. Employee to Independent Contractor w/o my consent or contract
Because he was experiencing financial difficulties, my employer changed my status to Independent Contractor. I never signed a contractor or agreed to this change. He also had several partners contribute to my salary which meant I had to chase down my money each month, and I was not always successful. I'd worked as a F/T Employee for 4 years prior to this change. Further, he refused to pay me for work not performed according to his terms and in his office, this goes against the laws of being an I.C. Please help me understand if this is legal and what action I should take.
A: Even when there is a written agreement stating that someone is an independent contractor, California may still consider that person an employee. An employer who intentionally misclassifies someone as an independent contractor faces civil liability to the employees and at least $5k in penalties from the state. For more info on this issue, please visit -- http://www.youtube.com/watch?v=OIHYdSkkrsc
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