Legal Question in Employment Law in California
lawguru,
Thanks for answering my first question, I forgot to mention that my supervisor told me that it is still the same work that im going to do, same work load and hours (M-F 9-5:30). I will still report my time in and out, fax my time sheet etc. the only thing my employer whats is that we the employee with carry the burden the law imposes directly on them as the employer that being withholding payroll taxes. And one more thing, when I check my social security I found out that the last contribution I made that was filed was 2009. They dont have a record for 2010 but i am being deducted monthly from my paycheck (Social Security) until december 2011. Regarding as a Independent contractor is it ok to ask my employer the temination letter as an employee and the effective date before considering being contractor?
1 Answer from Attorneys
It sounds to me like this employer is committing tax fraud, now and in the past. You may want to check with the Employment Development Department to see if you have been listed as an employee in 2010 and 2011 and whether your payroll taxes have been withheld, as is required by law. If you are not on record as an employee, you cannot even collect unemployment if you lose your job because he has not paid into the unemployment reserve account. This employer owes you for social security taxes that should have been paid from your wages. The EDD audits employers and will require him to reimburse you or pay the taxes or he will be in deep trouble.
No need to ask for a termination letter. Once you stop receiving a paycheck you are no longer an employee. But from what you posted, you will be misclassified as an independent contractor and the tax fraud will continue. The only question is, how long do you want to continue this relationship?
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