Q: Can a company agree to pay to their independent contractor drivers at certain % but never disclose that % bases of?
A: A contract must have clear terms to be valid. If one party doesn't disclose a material term of the contract which is the basis of compensation or consideration, there cannot be a valid contract. Good luck.
There are several issues here. One ma be a breach of contract and the other might be a breach of the employment law. California has specific requirements for its workers. Often times employers try to sidestep these requirements by classifying their workers as independent contractors. This will need to be looked at. But if indeed the workers is an independent contractor the terms of the contract will prevail. If it is an oral contract then success may be very limited.
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