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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12620
Experience:  Significant experience in all areas of employment law.
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From 1996-1998, I worked in CA as an "independent

Customer Question

From 1996-1998, I worked in CA as an "independent contractor" but had business cards, regular reporting hours (8-5:30), worked in an office with other employees and contractors, submitted expense reports, and attended company meetings. Was I misclassified and is it too late to file a claim? I have worked for this same company until now, but was converted to an employee in 1998. Thank you
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

CA starts with the presumption that a worker is an employee and it is up to the employer to prove that the worker has sufficient independence in the manner and means by with they perform their work to justify contractor classification. Given what you describe, it is quite possible that you were misclassified and should have been an employee. However, even if you were misclassified, the time limit for bringing a claim arising from that misclassification expired many years ago. Four years from the date you were reclassified is as long as you could have waited, and in your case that would have been 2002. Thus, at this point there is nothing you can do about what could have been an error in terms of your classification.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns because it's been a few hours and I have not heard back from you. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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