San Clemente, CA asked in Employment Law for California

Q: employer wrongly classifying me as an independent contractor and paid me cash so he could avoid taxes.

Just started two weeks ago at job employer not given me w4 to fill out as hourly employee. Found out he has decided to classify me as independant contractor and now paid me with cash so he wont have to pay any taxes. I work at an auto garage and am being trained as I go, all work is at employers business premises, other mechanics share work on same cars, I dont have my own business or any certification. I have been told to come in at 7 leave at 5 , with 1 hour lunch, my employer has not given me any kind of contract or signed agreement about work or pay. All this was to be handled but he never did! I dont work anywhere else. I am NOT an independant contractor and I dont want to be, nor CAN I be! Im just learning. I plan on paying taxes on this cash. But now I will not even have any proof that I ever worked for this employer if no w4 or check w/business name showing, paid only cash, now with tax burden/mess for me to handle! I just found out he also carries no workers comp insurance.

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1 Lawyer Answer
Yitz Erik Weiss
Yitz Erik Weiss PRO label
  • Los Angeles, CA
  • Licensed in California

A: There are several potential issues that should be addressed. Based on your description of the job you are performing, you should likely be considered an employee and compensated accordingly. You should consult with an experienced employment attorney to further discuss your rights and options.

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