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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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My employer is closing her storefront in Los Angeles and has

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My employer is closing her storefront in Los Angeles and has given me and others their notice. Our jobs end this Friday, June 7th. The business will continue to operate without the store and she has asked me to continue on beyond the store closure and be paid 1099 instead of a weekly paycheck. A couple of questions:

1. Is it legal for her to switch how she pays me like this?
2. Can she challenge my right to collect unemployment if I choose not to continue working as an independent contractor for her?

Thank you
Hello and welcome to JustAnswer.

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

My goal is to provide you with excellent service today.

1) No, this is entirely illegal. Since you will continue to be under the direction and control of your employer, you are an employee and not an independent contractor. Your employer likely wants to change your status in order to avoid having to pay any further payroll taxes, pay workers' compensation insurance, or make any withholdings on your pay as an employee.

However, unless there was a substantial change in your role, allowing you to have control over when you worked and how you worked, you are still an employee and not an independent contractor, and it is illegal for your employer to misclassify you as an independent contractor.

I suggest you bring up the violation with your employer. If she doesn't change your status, you can file a complaint against her for misclassifying you in violation of the California Labor Code.

You can do so by contacting your local office of the Division of Labor Standards Enforcement for the Department of Industrial Realations here:

2) No, if she wants you to work as an independent contractor (especially as an illegally misclassified one) she has effectively terminated your employment (as an employee) so she would have no basis whatsoever to challenge your receipt of unemployment benefits.

Since my goal is to provide you with excellent service today, please let me know if you have any follow up questions or need any additional information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
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Customer: replied 3 years ago.

Thanks Joseph. Your reply confirmed some information I was collecting. It helps to hear an attorney's explanation and I appreciate your clarity and promptness.

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