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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4830
Experience:  Extensive experience representing employees and management
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my employer is a 1099, and hired me as an assistant. I signed

Resolved Question:

my employer is a 1099, and hired me as an assistant. I signed no contract and she have me no guidelines or structure for anything. The first few months she wrote personal check and then the last three I have been on her payroll. I was paid three weeks after I started and then again two weeks later but there was no stricter to my payment until the payroll. I put in my one weeks notice also offering to use my days of from new job to train someone for her. She let me go right away and then requested that I write her a check for a part of my the check I had just received. What are my rights and do I owe her money or is the my pay for the previous work I have done?
Submitted: 8 months ago.
Category: California Employment Law
Expert:  Joseph replied 8 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

No, you certainly don't owe her any money or pay for the previous week that you had done, and it is illegal for her to request that from you.

I would also say that you were almost certainly misclassified as a 1099 contractor, when you should have been classified as an employee. As an assistant you are under the direct control of your employer and would not be considered to have the discretion to perform your job that independent contractors do.

This would mean that you would be entitled to payment for meal and rest breaks that you worked through and overtime as well. So, I would highly suggest that in addition to refusing her illegal request that you file a wage claim against her with the Department of Industrial Relations, Division of Labor Standards Enforcement, which you can do using the information online here:

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


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph





Expert:  Joseph replied 8 months ago.
Hello Justine,

Just wanted to check in to see if you had any follow up or clarifying questions regarding the above information.

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

Thanks and best of luck!
Customer: replied 8 months ago.
Well my former employer says she pays in advanced but I was unaware of that and always thought it was for my previous work. She has not once paid me on a specific date and a lot of the time I would have to track her down to get my check. I just want to be positive I do not owe her anything.
Expert:  Joseph replied 8 months ago.
Hello Justine,

Yes, you don't owe her anything. An employer cannot recoup past payments made to an employee for wages.
Joseph, Lawyer
Satisfied Customers: 4830
Experience: Extensive experience representing employees and management
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