Glendale, CA asked in Employment Law, Tax Law and Workers' Compensation for California

Q: My ex employer misclassified me and all employees as independent contractors . Repeatedly would not pay on schedule.

Recently terminated for demanding paycheck which consistently was late 3-4weeks. what steps do I take to report employer and clarifying to tax board the misclassification

3 Lawyer Answers
David S. Greenberg
David S. Greenberg
PREMIUM
Answered
  • Tax Law Lawyer
  • San Diego, CA
  • Licensed in California

A: With regard to the misclassification issue, you should consult an experienced tax attorney to guide you through the process of filing an IRS Form SS-8.

Tim Akpinar agrees with this answer

Neil Pedersen
Neil Pedersen
Answered
  • Irvine, CA
  • Licensed in California

A: You should quickly find an employment law attorney to discuss these issues. You may well have a valuable claim, depending on what kind of employee rights were denied you as a result of the misclassification. You may also have a claim that would allow you to raise the misclassification and other issues for other employees. But do not try to do this by yourself. For instance, it would be a huge mistake to take this issue to the tax board. You need expert guidance to be sure you do not make a serious mistake. The good news is that attorneys in this area will usually provide free or low cost consultations and if there is merit and value to the case they handle it on a contingency fee basis, meaning you pay nothing unless and until there is a recovery in the case. Good luck to you.

Nancy J. Wallace agrees with this answer

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: I was going to give you Neil Pedersen's phone number and advise you schedule a meeting TODAY, but then i see he already answered you! THIS IS NOT workers compensation (unless you sprained your spine requesting your check). IT IS a valuable Employment Law violation claim, do not try to resolve it yourself, check in with Mr. Pedersen today.

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