Legal Question in Employment Law in California

I am a 1099 worker for web design company. On repeated occasions I have had to wait months for bi-weekly checks. In addition, they have repeatedly issued bounced checks. Even though I am not a W-2 employee (I suspect I may have been misclassified), do I have grounds to pursue legal action?

They have compensated me for almost all past checks and bounced checks with the exception of my last check. Many of my e-mails and messages concerning this check have gone ignored. I informed them on 4/24 that if I don't receive at least a partial payment of $300 my 4/25, I will take action. Which will be filing a claim with the Labor Board.

Asked on 4/24/11, 8:33 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If you can convince the deputy Commissioner you were misclassified as an independent contractor, then the DLSE is the way to go. Alternatively, you can sue in small claims court for breach of contract regardless of your legal status, if you are suing for under $7,500.

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Answered on 4/25/11, 10:06 am
Terry A. Nelson Nelson & Lawless

Of course you can pursue your compensation claims, whether an employee or IC. If you are actually misclassified as IC, then you could claim wages, interest and penalties through the Labor Commissioner or a Court case. Either way, you can hire an attorney to represent you, and claim your fees if you win, except in small claims court.. If serious about doing so, feel free to contact me.

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Answered on 4/25/11, 12:04 pm

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