Lack of workmans comp

[tkle90]

What is the name of your state? California.
A few questions.My employer pays no unemployment,social security,workmans comp or payroll taxes.He has over 10 employees and gets around it by having 1 or 2 employees through an employment agency which covers them leaving my employer exempt at least on the books.The few injuries that we have had were paid for out of employees pockets.I have complained to the various agencies with no response.Frankly getting paid cash is not all it's cracked up to be.You lose in the end.I fear for these employees.What do I do?My case is a little different.I am a liscensed contractor and expect a 1099 at the end of the year to pay my taxes.My question here is if I also have any rights as an employee?I don't have a contract on this job and am being paid hourly like an employee.Am I also entitled to unemployment,workers comp,and social security or did I lose my rights when I aquired my liscense?Thank you for all responses.Terry

 

[Beth3]

My question here is if I also have any rights as an employee? You didn't lose your rights to be employed as an employee by obtaining your contractor's license. The pertinent question is whether you have been appropriately retained as an independent contractor OR whether your status should be an employee of the organization. If you are an IC, you do not have the status of an employee - you basically are a vendor. If they are paying you as an employee however (via company payroll) rather than via invoices submitted to accounts payable, then it is very likely you must be considered an employee.

I suggest you contact your State's Department of Labor and discuss this with them as this is not a straightforward issue. If you are an employee and the employer isn't withholding taxes, paying FICA, etc., then there are IRS regulations taking place and you may wish to speak with them as well.