Tustin, CA asked in Employment Law for California

Q: Wrongful Termination

I was working as independent contractor where a contract was amended and signed by the company and myself. The position was terminated without notice. Under the contract under Termination for Convenience, I was suppose to receive a 7 day notice prior to being terminated. I did not receive notice and was let go my first day. What options do I have?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: You need to take your contract to an attorney for specific, confidential advice. Attorneys are trained from the beginning of law school that you cannot give advice about the terms of a contract without reviewing the entirety of the agreement because a contract is read as a whole of its parts. Each provision can have an effect on the other provisions.

If you were truly a properly classified independent contractor, your only recourse will be negotiation or a lawsuit. The Labor Commissioner's Office does not handle disputes between independent contractors and their principals.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: A recent Cal Supreme Court case called "Dynamex" established new guidelines as to who is an employee vs independent contractor. You may have heard this caused an uproar with Uber etc. You may have been an employee. Your post also indicates that you were terminated before your first day, therefore, you are apparently looking at a week's compensation? If employee, potential waiting time penalties of 30 days? This may be Small Claims J/D. I agree with Mr. Pedersen that you should discuss this directly with an attorney that can review the contract with you.

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