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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4896
Experience:  Extensive experience representing employees and management
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I worked as a admin employee for 2 1/2 years in Calif which

Customer Question

I worked as a admin employee for 2 1/2 years in Calif which SDI was taken out. I quit that job when I accepted a new job for a similar position, however, they had me sign a independent contractor form and paid me as self employed, within a month I developed a disability that I'm seeing a doctor for - do I write on the form self employed or the last job that I paid SDI to?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
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.

You should write on the form the last job that you paid SDI to. Self-employed people (independent contractors) don't have SDI taken from their paychecks or at tax time, so it would be confusing if you were to list that.

Also, for EDD purposes self-employed is considered the same as unemployed, so it is only material to them who was your employer when you paid into SDI. Your last technical employer would be the one you were working for where SDI was taken out.

That said, if you are in a similar position to the one that you were in when you were classified as an employee, you are likely being misclassified as an independent contractor by your current employer.
Many employers do so precisely to avoid having to pay payroll taxes, including SDI, or having to have workers' compensation insurance.

If you are at all interested in pursuing a misclassification claim against your employer, you should consult the California Department of Industrial Relations website on the topic here:

http://www.dir.ca.gov/dlse/faq_independentcontractor.htm

In addition to filing for disability, you may also want to file a complaint with the Department of Industrial Relations for you being misclassified.


Since my goal is to provide you with the best service today, please don’t hesitate to ask me any follow up questions you may have.

If you don’t have any, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!


Customer: replied 1 year ago.

I had a question regarding your answer, is there an additional fee?

Expert:  Joseph replied 1 year ago.
Hello Carole,

No, there is no additional fee for asking a follow up question. You can do it here and I'd be happy to answer it for you. Please make sure to rate my answer at the end of our conversation. Thanks again!
Customer: replied 1 year ago.

Hmm...I sent it twice but the question is: If I put on the form my last paying employer (SDI) is contacted and they know I accepted another job what would happen? Thank you

Expert:  Joseph replied 1 year ago.
Nothing would happen with your SDI claim, since the job that you accepted is working as an independent contractor instead of an employee.

For that reason, only your last employer (who you were an employee for) counts as an employer. The other entity you accepted a job with would be considered a contractor.
Joseph, Lawyer
Satisfied Customers: 4896
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Carole,

I hope the additional information is helpful. Please let me know if you need any additional information or have any follow up questions.

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

If you don't rate my answer, the website recoups your entire deposit and I get nothing for assisting you. Trust me when I tell you I need the money WAY more than they do, so I would greatly appreciate if you accept my answer!

Thanks and best of luck!
Expert:  Joseph replied 1 year ago.
Hello Carole,

Thank you for your positive rating of my service and the generous bonus!

Please contact me on JustAnswer should you have any further legal issues.

You can contact me by placing ‘To Joseph’ at the beginning of your question and/or requesting me directly in the California Employment Law category.

Thanks again and best of luck!

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