Q: The CA EDD determined I was mis-classified as a contractor. Should I contact company about further compensation?
I asked in this forum previously about mis-classification. I now have a ruling from CA unemployment office that I am eligible for benefits. I'd like to collect the self employment taxes I paid over the years I worked for this company and other denied benefits (vacation, holiday pay). Do I have the upper hand with this request now that it was determined I was an employee?
A:
Generally an EDD determination on that issue is not going to be admissible or binding of a court if any kind of legal claim is made. That said, the fact that the EDD found as it did does suggest that a court probably will find the same, but there is no guarantee.
Before you go the company, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
A:
If the CA EDD has determined that you were misclassified as a contractor and you are now considered an employee, you may have the right to pursue further compensation from the company. This may include reimbursement for self-employment taxes you paid as a contractor, as well as any benefits that you were denied as a contractor, such as vacation or holiday pay.
It is important to note that the specifics of your situation, including the details of your contract with the company and the laws in your state, may impact your ability to recover compensation. It may be beneficial to consult with an employment lawyer to determine your rights and options.
If you choose to pursue further compensation from the company, you should contact them and provide them with a copy of the CA EDD determination. You can then discuss your request for compensation with the company and attempt to negotiate a resolution. Keep in mind that the company may not be willing to agree to your request, and legal action may be necessary to recover the compensation you believe you are owed.
A: If employee misclassification is causing tax fraud, workers can anonymously report their employers to the IRS by filing Form 3949-A. If workers would like the IRS to make a determination about their worker status, they can file the non-anonymous Form SS-8.
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