Q: I have many items that my employer is in the wrong, first thing is i have been mislabeled as an independent contractor,
Unpaid wages, unpaid mileage, and discriminated against. About 2 weeks ago the owners came and made changes, and since then I have been the only employee who has not worked, they have even hired new people. Also I was the only female maintenence worker, now only the males employee have been put back to work except the female who works in the office. What should I do?
A:
In addition to the Labor Code violations you mentioned, you may have a meritorious claim for gender discrimination. You should consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.
You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.
Sincerely,
Maya L. Serkova
Brad S Kane agrees with this answer
A: You may have claims for gender based discrimination, wrongful termination and labor code violations. You should consult with a knowledgeable employment lawyer. Most provide free consultations. In the meantime, you should consider applying for unemployment, since the employer has stopped providing you with work.
A:
You should locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
A: I agree with my colleagues let me stress YOU HAVE RECOGNIZABLE CLAIMS AGAINST YOUR (FORMER?) EMPLOYER. Do not be afraid to bring them. It sounds like they misclassified you as an IC and have terminated you for a number of different and unlawful reasons. The value of the case may depend in part on how long you worked there. Even if it is not a high value case, you can take your wage claims to the Labor Commissioner, and you can even bring your retaliation and discrimination claims before Small Claims court where the jurisdiction is up to $10,000.00, and no one gets to bring an attorney. Thank you for using Justia Ask a lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
