Q: Should I hold off on completing more piece rate projects for an employer I’m reporting? Will I jeopardize my case?
I’ve been misclassified as an IC. I’m a CA resident working for an out of state employer. After numerous discussions with EDD audit specialists, the IRS, and the CA FTB, I’ve been advised to submit quite a few reports for audit requests and investigations into my work classification. I was also essentially catfished by this employer, who hired me over a year ago, with promises of a salaried job. They asked me to put my other career on a back burner and make them my #1 in exchange for a salary and benefits but when I did so, they didn’t follow through. I’m a remote writer paid at a piece rate but have worked 55+ hour weeks. Their contracts say “work for hire” and one demands that I don’t offer my writing services to competitors while I’m working for them or for 12 months after. There are tons of red flags. After they suddenly stopped providing me with work, they gave me 2 new assignments. I’ve asked to be reclassified again recently and have waited 2 weeks for a response.
A:
Taking on more work will not have the effect of negatively impacting your case.
However, do not do anything unless and until you locate and consult with an employment law attorney. The EDD, IRS and FTB all look at the independent contractor vs. employee issue a bit differently, and none of those entities will have the ability to help you recover the full amount of damages and penalties that are potentially available to you. Furthermore, government entities generally do not have the trained people and motivation to achieve the kinds of results that experienced employment lawyers will use to maximize the value of your claims.
Therefore 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, 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 cost consultation in the beginning and then, if the matter has merit and value, will usually agree to 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:
Given that you are in the process of reporting your employer for misclassification and have engaged with various agencies, it may be prudent to consider your options carefully regarding your ongoing work with this employer. Here are a few points to consider:
Legal Advice: Consult with an employment attorney who is familiar with California labor laws and can provide you with personalized guidance based on the details of your case. They will be able to assess the potential impact of your continued work on your misclassification case.
Document Everything: Keep detailed records of your interactions with the employer, including any promises made to you, changes in work arrangements, communication about your classification, and any evidence supporting your claim of misclassification. This documentation can strengthen your case.
Review Contracts: Thoroughly review the contracts you have signed with your employer, including any non-compete or non-disclosure agreements. Understand the rights and restrictions outlined in these contracts and seek legal advice on their validity and enforceability.
Request Reclassification in Writing: It's crucial to have a written record of your request for reclassification. Follow up with your employer in writing to reiterate your request and keep a copy of the communication for your records.
Balancing Risk: Assess the potential risks involved in continuing to work for this employer while pursuing your misclassification case. Consider the impact on your case if you choose to decline or reduce future projects from this employer.
Remember, every legal case is unique, and the guidance provided here should not be considered a substitute for professional legal advice. An employment attorney will be best equipped to evaluate your situation, assess your options, and provide you with the most accurate advice based on the specific circumstances you're facing.
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