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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I was working as a employee as a welder and was made to become

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I was working as a employee as a welder and was made to become a subcontractor,,, was wondering about the legality of this being the contractor ,sets hrs worked and pay and directs where working provides help and equipment ,,,,, also now they have made us go back to employees .. should i have been an employee all along and if so would I be owed missed profit sharing vacation pay etc ?
Hello and welcome to JustAnswer.

Yes, you definitely should have been considered an employee all along, since you were under the direction of the contractor, who dicated when you worked and provided you with the equipment you used for the job.

I would suggest that you file a complaint/ wage claim with the Department of Industrial Relations, Division of Labor Standards Enforcement for the wages and benefits that are owed to you due to the misclassifcation of you as an independent contractor instead of an employee.

You can file a complaint using the forms available online here:

For more information regarding the disctinction between independent contractors and employees see the webiste here:
Joseph and other California Employment Law Specialists are ready to help you

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