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Hired Sales Rep under 1099 but treated like employee California

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  • Hired Sales Rep under 1099 but treated like employee California

    I was hired on Feb 1st to work for a showroom in California. They told me I would work as an independent contractor with a 1099. Since then they have told me I have to be at work by 10am and leave by 6pm. They dictate what I do day to day by giving me tasks and people I should call to set up appointments. I also have to work out of their showroom everyday.

    Since working there in Feb I have received 1 check for $540 which was said to be an advance on commission.

    I have never signed a 1099 or W2 even though I have asked for it several times. I also have not signed a contract which I have also asked for several times.

    What should I do in this situation. Am I an employee should I have been getting paid hourly since they are telling me when I have to be to work and leave.

    Will I be eligible for unemployment I have been working from Feb 1st to May 1st.

    Please inform.

    Thank you
    Last edited by SalesGuyCA; 05-01-2010, 10:25 AM.

  • #2
    The problem is this. Yes, you can claim to the government that you really should be an employee, and the government may (or may not) agree with you. But the government does not have to agree with you, and the government does not have to agree quickly.

    Past that, lets say that CA-EDD after some number of months agrees that you are an employee for UI purposes. If you quit, then as an employee you are not eligible for UI. Past that, even if you were an employee, and CA-EDD decides that you were fired, the base period would be for all employee earnings say 7-18 months ago.

    It would arguably make a lot more sense to find a real job with a real employer first, then fire a wage claim with CA-DLSE for unpaid wages based on minimum wage and overtime from the prior employer. This type of claim would be strengthened by your keeping track of actual hours worked at home.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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