Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I worked for a jewelery store as an asst-mgr for 4 years she…

Customer Question
I worked for a...

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?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

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

Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
8/2/2017
Employment Lawyer: Legal Eagle, Lawyer replied 1 year ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,125
Experience: Licensed to practice before state and federal court
Verified

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.

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 1 year 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?

Ask Your Own Employment Law Question
Customer reply replied 1 year 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?
Employment Lawyer: Legal Eagle, Lawyer replied 1 year 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?

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,125
14,125 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I worked for an auto parts store for more than three years,
I worked for an auto parts store for more than three years, eventually promoted to management. In March of this year I entered the commercial dept. of our store to find the word VAGINA written on the … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,555 satisfied customers
How are you? I am a 50 year old pt employee for an auto
Hello. How are you? I am a 50 year old pt employee for an auto parts store since one month after they open. hired as pt with limited availability and that was known up front before I was hired. it was… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This is regarding a manager who got fired for not giving
This is regarding a manager who got fired for not giving meal break before 6 hrs. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I a nurse practitioner. After seeing patients I am not allowed
I a nurse practitioner. After seeing patients I am not allowed time to complete the notes for the patient visit. there is no lunch break or even time to use the bathroom. The physician is verbally abu… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Ive recently resigned from a company I worked for the past
I've recently resigned from a company I worked for the past 2 years. I was a good, loyal employee and very competent. I feel maybe I was too "efficient" as I received many complements from guests and … read more
socrateaser
socrateaser
1,031 satisfied customers
On a Tuesday morning a store mgr (salaried) was met by her
On a Tuesday morning a store mgr (salaried) was met by her area mgr and area HR mgr, the first comments made to the mgr was reagarding her life partner. The were verbal comments. She was then given a … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am a salaried worker at a big chain store with no union.
I am a salaried worker at a big chain store with no union. Working 12 to 17 hour days with no lunch or dinner breaks allowed and bathroom breaks "stolen". I s this legal in the state of Michigan?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
i am an asst. mgr at a very large shipping co. I asked an employee
i am an asst. mgr at a very large shipping co. I asked an employee to stop yelling in the store. She in turned became angry and walked away. she went outside for a smoke. This lady is very sensitive s… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Hello my question is, I left my job a few months ago. What
Hello my question is, I left my job a few months ago. What happen was I went to work and preceeded to perform the job the same way I done it for 3 years. That day I was labeling the packages of meat(I… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
is it legal to work in a retail store alone for 6, 7 & 8 hours
is it legal to work in a retail store alone for 6, 7 & 8 hours? Also my place of work has a broken bathroom they could not fix for 2 days and they still have not put the heat on. Cold, alone & need to… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Good Morning. I have an employer that is trying to force me
Good Morning. I have an employer that is trying to force me out, get me to quit or mess up so i do not collect unemployment. He has changed the schedule on me twice without calling me, i show up for w… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Hello, I and another coworker - he is male and the assistant
Hello, I and another coworker - he is male and the assistant store manager and I am female and a contract supervisor - are being harassed because we are friends outside of work by the store manager at… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Ive been employed as a self stg mgr since 09/07. In 10/07
I've been employed as a self stg mgr since 09/07. In 10/07 it sold to a new owner. The old company laid me off, with a generous bonus and I was hired by the new owner as was my asst. mgr. The property… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
i am an hourly paid mgr in a retail corp and our payroll budget
i am an hourly paid mgr in a retail corp and our payroll budget has been cut to the bare minimum. we never have time or the opportunity to take breaks, but are constantly told that the law requires it… read more
Attorney Wayne
Attorney Wayne
Attorney-at-Law
JD
1,492 satisfied customers
I am an asst store manager since 2003, I transfered to the
I am an asst store manager since 2003, I transfered to the south in 2005. Our new district mr says every store has a weak mgr and they have targeted me as that. Now in addition to my regular duties I … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Can a state/federal employer mandate lunch hour periods; in
Can a state/federal employer mandate lunch hour periods; in other words, can an employer insist on the hours in which lunch must be taken during the workday?… read more
Attorney Wayne
Attorney Wayne
Attorney-at-Law
JD
1,492 satisfied customers
Hi I was just terminated a week ago for late lunch breaks.
Hi I was just terminated a week ago for late lunch breaks. I was a asst mgr for a company for almost 4 years, transfered from one store where i was given a hour break for 2 yrs and a half then i trans… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I have been a salary employee for 13 months now and ...
I have been a salary employee for 13 months now and they are wanting to put me down to an hourly employee with a 45% pay cut. Is this legal in the State of Tennessee?… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x