Thousand Oaks, CA asked in Employment Law for California

Q: I never got paid for work in July of last year and felt bad asking about it because my boss had a accident.

she was gone even longer due to the fact she hit her head so what was suppose to be one week of work turned into two so it wasn't untill yesterday when we had a falling out and I was let go I told her she had to pay me for that two weeks of work and we were going back and fourth and i guess she looked up her records and saw I was never paid so she gave me some of it but then said I am a 1099 employee now I didn't understand how she said that since ten minutes prior I was not a employee at all this payment of wages was earned a long time ago.I filed taxes already for that year thinking I never get paid so I never reported it because I never got it I don't want to owe money to irs is this legal?

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1 Lawyer Answer
Maya L. Serkova
Maya L. Serkova
  • Orange, CA
  • Licensed in California

A: You are entitled to get paid for all hours you worked. No exceptions. Your post does not disclose enough facts to determine whether you are in fact an employee or IC. However, in CA, under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity satisfies all three of the following conditions:

1. The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;

2. The worker performs work that is outside the usual course of the hiring entity’s business; and

3. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

For more details see here:

If you were designated as IC while in fact, you were an employee, you are entitled to the protections of various Labor Codes. You potentially may be owed even more damages than just 2 weeks of unpaid pay.

I suggest you consult with an employment law attorney who will examine your situation in detail 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 (, an organization whose members are committed to representing employees’ rights.


Maya L. Serkova

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