Q: My boss threatened my job hours and flexibility. Is this legal?
After I confronted my boss about him illegally giving me a 1099 since I’m not a independent contractor nor self employed i demanded a w2 . He messaged me insisting I was and he said if I ask for a W-2 he said say good bye to my freedoms and basically my flexibility I’ve been given as punishment. However he asked me my availability which he accommodated me and he’s never had an issue til now. I need the flexibility since I’m in school full time. Can he do this as retaliation?
A:
It is unlawful to retaliate against an employee who refuses to participate in illegal activity. It sounds like your employer is retaliating against you for refusing to go along with 1099 which you believe is improper in your case.
I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of charge initial consultations, and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.
You can look either on this site in the Find a Lawyer section or go to California Employment Layers Association (www.cela.org), an organization whose members are committed to representing employees’ rights.
Sincerely,
Maya L. Serkova
1 user found this answer helpful
A:
While it is illegal to retaliate against for opposing illegal conduct, you should also consider what will happen if the employer terminates you and you will need to plan for that. You should be protected by Labor Code 1102.5.
You should speak with an employment lawyer. Most provide free consultations.
A: You might want to contact the Labor Commissioner's office to get their opinion on whether this is appropriate. https://www.dir.ca.gov/dlse/ You can copy and paste this link if you are interested in talking to someone who is an expert in labor laws.
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