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quit/notpaying/subcontractor

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What is the name of your state? CA

My boyfriend worked for a company that was a subcontractor for a larger Alarm company. He was paid for piece work per install or service call he did. He was under the impression he was an employee, not a sub-C. He filled out a w-4 when he started working there. He quit because it had taken them over a month to pay him for each job, etc...My questions are...

1. If they are taking out Federal/state/ss/medicare/SDI and have an employee ID on his check stubs..can he still be considered a subcontracor, although he was paid for piece work?

2. Can they charge him "back" for service calls on the jobs he has done, and even for jobs he has not been paid for?

3. He hasn't worked there in over a month, they still owe him over $1000 and every check he has recieved he has had those charge backs for jobs that other people who work for them have done.

He is afraid to go to the dept. of Labor in fear they will say he is a subcontractor and get fined for not renewing his contractors license. The company has THEIR ACO number on all of the jobs, not his..

Any advice on the best way to handle this please help! :confused:
 



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