Location - California
I worked for a small manufacturer from March 2022 until June 2025 running their day to day operations. Salary, set schedule, their building, their equipment. But the owner never actually put me on payroll. No withholding, no pay stubs, no W2. He gave me a 1099 in 2022 and then just nothing for 2023, 2024 and 2025 while still paying me the same way the whole time. It was always going to get fixed "soon," plus there was talk of me getting a share of the company. I stuck around because I liked the work and thought the place had potential.
I left in June 2025 after he got over 4 months behind on payroll. He still owes me and has been slowly paying it back since.
Then in October I got hit by a car. My work has me on my feet 80-90% of the day so that pretty much ended any chance of job hunting or picking up freelance work. Had to get my ankle fused in February and I've had complications with the healing ever since.
In March I asked him for a W2 for 2025. He said he'd look into it. Then said I was actually an independent contractor. Then said he'd review it again. Then nothing. So I filed my taxes with a 4852 and opened a wage claim with the CA Labor Commissioner.
I figured once the 4852 was in I could finally file for disability. Did that, and it came back denied in June for insufficient earnings, 0.00 in all four quarters of my base period. Which honestly makes sense since he never reported a dime to EDD.
Right now I'm putting together a request for recomputation with proof of about 28k that actually got paid to me during that base period, and filing a DE 230 for a worker classification assessment. Legal Aid at Work has me scheduled but not for another two weeks, and I'm ripping through what's left of my savings trying to get by. No income since February.
Evidence wise I'm not empty handed. I've got texts where he calls my pay salary and payroll, bank transfers, pictures of company checks, published articles he wrote where he says I work for him, and every venmo and paypal transfer with screenshots and statements.
What I'm trying to figure out is whether there's a real path to getting DI when the employer never withheld SDI, or if the misclassification angle is a dead end and I should stop pouring time into it. Also whether there's anything I should be doing differently before or after I submit the recomputation, and if anything moves faster than waiting years on the labor board.
Happy to hear it if the answer is that this isn't going to work. I'd rather know.