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View Full Version : Contracted employee rights California


Tiare Lewis
11-14-2006, 09:48 AM
I was a contracted emplyoee for a mobile tech company. I was contracted on as a Sales Coordinator. I worked there for about a month, and figured the job was just not for me. There were many reasons that played into including the fact that my boss would never be at the office when I got there. I had no key, so I would have to wait hours outside until he decided to show up. Anyhow, I gave my 2 weeks notice and he begged me to stay. Hesitant, I stayed hoping things would get better, although they didnt. So about a week after my initial notice, I told my boss again, i wasnt happpy in the position and that I would be leaving after the next two weeks.

I went to work, again on a tues and he was not there, didnt call to tell me he was late, or anything. I just never showed up. I stayed for 2 hours and 45 mins!!! Just sitting in my car. Then I left. He didnt call me for 2 days! Finally he called and left me a voice message, stating he knew I was unhappy and I didnt have to worry about coming to work. I returned his call he said my final check had been sent. After about a week, no check arrived, I tried to contact him again. He gave the the run around.

Well it has been over 30 days, and I was told by him that he has 30 days to pay me. But he still hasnt and he wont return my calls or anything. WHAT DO I DO???? WHAT ARE MY RIGHTS?????

Pattymd
11-14-2006, 09:54 AM
Do you mean an employee? Or an independent contractor? Were taxes withheld from any paycheck you received?

Tiare Lewis
11-14-2006, 09:56 AM
No taxes were witheld from my paycheck. I was the employee.

Tiare Lewis
11-14-2006, 09:58 AM
Let me clafify that when I went to work on that tues, HE never showed up. I mistyped it. I was there, he wasnt.

Pattymd
11-14-2006, 10:21 AM
Then you weren't being PAID as an employee. You were being treated as an independent contractor. When you started, did you fill out a W-4 form or a W-9 form?

Tiare Lewis
11-14-2006, 10:37 AM
I am aware I was an independent contractor. I signed a W9. I want to know what my rights aew and what I need to do to get paid for my last 2 weeks of work.

Pattymd
11-14-2006, 12:23 PM
The only choice you have, then, is to sue. You're either an IC or an employee; the phrase "contract employee" is what confused me (and would have confused other responders here as well).

The DLSE only takes claims from employees. As long as you're comfortable with the fact that you met the criteria to be an IC and there isn't the possibility that you were misclassified.

Tiare Lewis
11-14-2006, 12:43 PM
thanks for your expertise.

SO basically the only thing I am able to do is to sue the company?

Megan Ross Hutchins
11-14-2006, 02:02 PM
If the DLSE believes you were misclassified, they will help you. File a claim with them first.

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