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Old 04-21-2014, 11:20 AM   #1 (permalink)
dwr
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Join Date: Apr 2014
Posts: 1
Rights as a 1099 Independent Contractor in CA?

I just recently accepted a new job and am unsure of my rights as a worker. I am a 1099 Independent Contractor with a digital marketing company that was hired as an account executive (sales). I only get paid when I close sales through a commission structure and have to pay for everything on my own (biz cards, printer, computer, phone, airfare/hotel to go to company sales conference). I work from home and am the only person working for the company in my city and my "boss" is located 125 miles away.

Here is where I get confused. I am entering the training phase for my job which mostly entails listening in on nat'l sales conference calls twice weekly, watching videos on how to sell their products, and learning the "Company Sales Program." This program basically tells me how to cold call and sell their product word for word (I have to learn a set script on what to say to a potential client). My "boss" told me I am required to listen in on a one hour long conference call twice per week. I am also required to fill out a digital form at the end of each day, basically summarizing my work for the day so that my "boss" can keep track of my daily actions.

What are my rights as a 1099 I.C. with this digital marketing company? Am I "required" to do anything they tell me, or do I get to choose since I am not a paid employee? Also, is 1099 the correct classification for me (as a full-time, non-temporary salesperson with a digital marketing firm that is training me)?
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Old 04-21-2014, 07:09 PM   #2 (permalink)
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There are many factors that go into determining whether an employee is properly classified as an independent contractor or as an employee. This article discusses many of these: http://www.legalmatch.com/law-librar...ntractors.html.

You indicated that you work from home, are paid on a commission basis, and pay for your own business expenses. This treatment is synonymous with an independent contractor, or a 1099 employee. While you are being trained for the position, that alone may not be enough to give you status as an employee. As an independent contractor, however, you must still comply with the terms of your employment contract in order to remain a contractor. In your case, this might include the trainings and listening in on calls, as well as filling out a sheet to keep your boss informed.
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