Maybe, and he eludes a bit to the employee originally being 1099, but California has made 1099 all but extinct with AB-5
OP wanted to be an employer and "make jobs" for the sake of printing job numbers, rustbelt mentality.
if they had more employees, elsewhere, it wouldn't have happened, if they actually did have the relevant counsel it wouldn't have happened. but they aren't able to or willing to afford either. lesson learned. likely the wrong lesson learned.