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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2170
Experience:  Practicing Attorney with 10 years experience
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I work for a company that has its corporate offices in NY. I

Customer Question

I work for a company that has its corporate offices in NY. I transferred out to CA. 8 years ago to set up and run their warehouse operation. I was a salaried employee with full health insurance paid by the company, 401K with 4% match and all the normal taxes that companies are required to pay were paid. I had 5 weeks vacation a year , 5 sick and 2 personal days. The owner switched me to a 1099 independent contractor, gave me step by step instructions on what I needed to do. They eve stated in email this is being done to save them money. I only agreed because I would of had no income , nothing has changed from when I was an mployee and getting the benefits as to when I became a contractor, with the exception being I lost all my benefits, have high taxes to pay, and have become in debt. My question is can I sue them or ask them for an out of court settlement? Thanks
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Ca.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I have no agreement, I went from being a employee to independent contractor
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just if I have cause to sue them to get compensation. One more thing I lost full family medical insurance paid by them it now costs me $20,000 annually. I went from $100,000 salary, full medical paid, 401K with 4%match, End of year Bonus, vacation time , sick and personal time, life insurance .
Submitted: 9 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 9 months ago.

I believe you may have cause. An employee is not an independent contractor just because the parties designates them that way. I imagine the employer stills sets your hours and tells you how to do your job. In that case, you are really an employee. I would suggest submitting a complaint to the California Department of Labor.

Expert:  Asad Rahman replied 9 months ago.

There is always some risk in suing an employer or even filing a complaint as they may retlaiate against you in order to make you quit or pressure you.

Expert:  Asad Rahman replied 9 months ago.

If you have no further questions a positive rating of 5 stars would be greatly appreciated.