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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33739
Experience:  Employment Law Expert
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Employee or contractor?

Customer Question

employee or contractor?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 1 year ago.
I have completed the following: EDD employment determination guide; California Tax Service Center, Independent Contractor or Employee; IRS 20 Factor test-independent contractor or employee; and IRS SS-8. All clearly define worker as a contractor. I have evidence that the worker ran her own DBA doing the same business while working for me. I have clients that will testify the worker stole some of my clients.
Expert:  Dwayne B. replied 1 year ago.

So what is your question?

Customer: replied 1 year ago.
With all of this information EDD appears to want to classify the worker as an employee. What additional info might I develop?
Expert:  Dwayne B. replied 1 year ago.

For what purpose? Are you worried about the taxes, are you wanting to sue the person for stealing business, etc?

Customer: replied 1 year ago.
We need to face EDD in a Judicial Hearing regarding two years of Unemployment, Disability, Witholding And Social Security. It could be asignificant sum.
Expert:  Dwayne B. replied 1 year ago.

The only other thing I could suggest would be 1) any witnesses such as others she applied for which she applied for work or did work and 2) any advertisement, including business cards or a website.

The big piece of evidence is proof as to each of the factors on the IRS form. That is considered the "gold standard" for this type of case. What I've done for clients facing the same type situation is put together a notebook for the judge with a list of the factors at the beginning, then a separate section for each of the factors setting forth the evidence you have to support each one. That makes it easy for the judge to find everything and rule in your favor.

Sometimes the big issue isn't having the evidence but in getting the judge to understand how the evidence applies to your case.

Customer: replied 1 year ago.
Thank you very much. I will recommend you and your group. This is a good service. If I am not comfortable I will hire you for this!Jim Oenning
Expert:  Dwayne B. replied 1 year ago.

I do appreciate the compliment, but unfortunately the experts all sign an agreement that we won' take work from the customers on the website. If you decide you need a lawyer though come back to this thread, it locks open once you issue your Positive Rating, and I'll give you a website that is the best way to hire an attorney.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.