Legal Question in Business Law in California

Issues With My Employer

1. I was ''hired'' as an ''employee'', but then they insisted on paying me 1099. I was told what hours i had to be in the office, down to the minute. I was made to use their office, and even relocated to do so. I was made to use their equipment when in the office. So my question is, now that they laid me off six months later, am i eligible for unemployment? I filled out an application for employment, but not for 1099. One complication on this question: I moved out of state, but I am still umeployed.

2. I was told that I had earned 15% ownership in the company. The company cash was used to purchase a laptop as a gift for me to use both personal and business. I used it, and now they are demanding it back. I signed nothing saying it is theirs, and I also have registered it in my name. Can they force me to give it back?

3. They defrauded me when they said I earned 15% of the company, because they have dismissed me for no good reason, and kept the business active. Can I demand my own cash investments back?


Asked on 10/07/08, 3:29 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Issues With My Employer

So sue them. The easiest part is suing for back wages and overtime -- you DO have good records of your time worked, don't you? The California State Labor Commissioner will even handle this part of it for free if you like, or if you sue, your attorney fees will be reimbursed. As far as the laptop and promise of ownership in the company, go for it. As far as unemployment, they will fight it, you will have to fight it also.

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Answered on 10/07/08, 4:31 pm
Terry A. Nelson Nelson & Lawless

Re: Issues With My Employer

You can file for unemployment and the Dept will probably seek to penalize the company for fraudulently claiming you as 1099. You should be able to collect the benefits.

Company property, computers, usually must be returned. "Gift" is hard to prove, but you can try.

If you can somehow show evidence of the 15% ownership, then you could claim and sue for that. If you think you have proof and evidence of that 'deal', feel free to contact me to discuss.

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Answered on 10/07/08, 8:52 pm


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