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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 5165
Experience:  Licensed to practice before state and federal court
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I worked for a jewelery store as an asst-mgr for 4 years she

Customer Question

I worked for a jewelery store as an asst-mgr for 4 years she terminated me paid me from a cashiers check from an old company (mortgages) and said I was 1099 gave me a 1099 every year but did not submit federal or state taxes social security or state disability or unemployment, I had to be there in the jewelrey store 7-8 hours a day 5 days a week, I had no breaks, no lunch breaks, and would yell and scream when I went to the bathroom I was paid hourly now I'm unemployed and can not collect unemployment is there anything I can do?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I was full time, I'm not upset about not working there, but I cant collect unemployment she never paid into anything and I was told I did not qualify to be a 1099 that I was actually an employee
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Employment Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Expert:  Legal Eagle replied 2 months ago.

I'm very sorry to hear about your situation. Based on what you provided, It appears as if you should have been considered an employee. What I would recommend to you is to file for unemployment. What the state is going to do is they're going to conduct an investigation to determine whether you are an employee. Generally, the state is going to look at several factors to determine whether you are an employee under the labor code. Thunder labor code section 2750.5, you can see what the state says regarding who is an independent contractor versus who is an employee. You can use this in your application if there is some issue as to whether you're considered an employee or independent contractor.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 2 months ago.
Okay thank you, ***** ***** then start the claim, a friend told me to also contact the labor board, as she is currently doing this other people who work there should I?
Expert:  Legal Eagle replied 2 months ago.

That's a good question. I had a client once who had an independent contractor that contacted the labor board and my client ended up having to pay to settle the case. Therefore, although it did not work out for my client, I did see that it can work out for people who may have a question as to whether they are an independent contractor or an employee. Did you have any other questions for me?