Legal Question in Business Law in California
I am a Pet Sitter, my employer pays me every 2 weeks, but as an independent contractor. I have not been paid to date for my services rendered for the month of August 2010, although i have repeatedly requested my check verbally and through email. What is my legal recourse considering labor law does not protect 1099 workers?
3 Answers from Attorneys
You should still contact the Employment Development Department and file a claim. It is very likely you are not an "independent contractor" but rather a disguised employee. Many employers hire people as "independent contractors" to avoid payment employment taxes. The EDD will investigate and take action to collect what is owed. Consult with an attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
If the EDD decides against you, it is still a breach of contract, and you have a quick and cheap remedy - suit in Small Claims Court. Sometimes just filing the suit and having it served will be a sufficient "reminder" to the debtor. There are good, useful books on how to prepare, file, win and collect small claims in California - get one and read it.
You sue for your contract enforcement, just like any other company would do. That's what a 1099 based person is, a company with a contract. That assumes you are properly classed as independent contractor, not employee.
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