Accepted Answer

Hi XXXXXX,

You are not alone in your complaint as your company has classified you as independent contractors. It simply is cheaper for companies to use the IC route.

Is it legal? How much they control you in the course of a work day will determine that. The Labor board could not help you because they DO really only deal with employees.

Your law, so to speak, is how the IRS defines an independent contractor. Each complaint is taken on a case by case basis. You have to prove that you are indeed an employee, and not an IC.

Recent major lawsuits dealing with this issue was Fedex Ground, and the big one was Microsoft Corporation. I see you are in CA, so you definitely contact Calbar.org www.calbar.org, the California State Bar and see if there are any attorneys who are willing to fight this fight for you. Many do. That is an excellent resource to use.

For reference the IRS Definition of an IC is found here:

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

Do I think you are misclassified. Yes, from what you have presented. But you have a long hard fight to prove this. Good luck with this, the first step is to copntact an attorney through the California State Bar.

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Please reply if further assistance is needed.

If you are satisfied with the answer I provided, remember to click ACCEPT as this is the only way I get credit for answering your question. Leaving a BONUS tells me your are happy with the answer I provided. Best of luck with your legal issue.

Alex

Edited by AlexLaw on 8/30/2008 at 12:43 AM