California uses the ABC test to determine employment classification.
Under Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 and AB 5, workers are presumed to be employees unless the hiring entity shows: (A) the worker is free from control, (B) the work is outside the usual course of the hirer's business, and (C) the worker is engaged in an independently established trade of the same nature.
What we handle in these cases.
When independent contractor misclassification cases come into the firm, they usually break down into a few recurring patterns.
- Case intake and initial evaluation
- Evidence preservation and demand letter
- Negotiation, mediation, or arbitration
- Litigation and trial preparation when needed
What California law says.
California statutes, applicable Labor Code sections, and controlling case law govern each of these claims. Deadlines vary. Free consultation covers the specific statute of limitations for your situation.
If you were paid via 1099 for work that looks a lot like the employer's core business, the misclassification analysis often flips the case in your favor.
How the case actually gets built.
Every case John accepts follows the same structural approach. Preserve the evidence early. Interview witnesses while memory is fresh. Get the documentary record — HR file, medical records, police reports, ELD data, surveillance video — under a preservation letter before it disappears. Frame the case for trial from day one, even if it settles at mediation months later.
Independent Contractor Misclassification cases at the firm follow the same discipline that runs through every John Ramirez case: preserve evidence early, build the case around the documentary record, and prepare for trial even if the case will settle. Trial preparation is what generates leverage at mediation.
Fees and timeline.
Contingency fee. No fee unless we recover.
Misclassification is common. It is also, in many cases, unlawful. AB 5 changed the arithmetic.
Ready to talk?
Consultations are free and confidential. When you call the firm, you speak with John. Same-day response. Se habla español.