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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5043
Experience:  Extensive experience representing employees and management
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We hired an independent contractor as a sales representative.

Resolved Question:

We hired an independent contractor as a sales representative. We had no written agreements as to the terms. When the relationship failed the person went to the Calif. labor board. The board determined via one phone conference that we owed the person $1850 per month for the next 12 months. We discovered that we did not ever have this persons Social Security number and when we asked for it to report monies being paid the person refused to give it and the labor board person said that they did not have to produce it. Is this true?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Yes, unfortunately, the California Labor Board isn't legally runder any obligation to disclose the person's social security number to you per your request.

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.

Please let me know if you have any additional questions. It seems from what you've stated that the California Labor Board found that the person was misclassified as an independent contractor and should have been an employee and that this is the primary reason why you are being required to pay the person $1,850 per month for 12 months.

Have you considered appealing the Labor Board's decision?

Joseph, Lawyer
Satisfied Customers: 5043
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Is the only way to appeal the Labor Board's decision is to go to court?

Expert:  Joseph replied 1 year ago.
Hello Jan,

Yes, in order to appeal the Labor Board's decision you would need to file for an appeal with the superior court.
Joseph, Lawyer
Satisfied Customers: 5043
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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