Location: SAN FRANCISCO CA
Hello, I’m hoping someone can help me understand my standing.
I was a salaried restaurant manager who moved into booking and managing events for the same company. They pay me a salary and my health insurance plus a small % on events booked. My offer letter requires me to be on-site for 2 days a week.
My employer last minute asked me to go 1099 so he doesn’t have to pay workers comp as I am remote sometimes.
Is he allowed to make me come in 2 days? I took 2 weeks out of state for a personal issue and he is trying to pay me less than my salary. He also hasn’t told me what I’m getting paid ahead of time.
Is this worth speaking to a lawyer about? I don’t have a lot of money (restaurants!) so trying to avoid but also I feel taken advantage of.
Thank you!
Comments
You’re not a contractor/freelancer. This isn’t legal, try telling them that. If they still change it, you can file with the IRS as misclassified.
The first red flag is he doesn’t want to cover you with workers comp if you are injured on the job.
CA has an three prong test to determine if an person is an employee or contractor. From what you have described, you do not pass. He could face serious issues with the IRS for doing this.
Are you exempt or non-exempt? Did you have PTO to cover the two weeks you were out?
Yes 1099 can come in two days a week.
No you don’t sound to be 1099. Especially in California.