Los Angeles, CA asked in Employment Law, Business Law and Entertainment / Sports for California

Q: Can an entertainment company fire its entire staff and rehire everyone to do their exact jobs as freelancers?

Company is planning on laying off its entire staff (sales, creative development, VFX, post production, accounting, and beyond) and rehiring everyone as freelancers for less pay and without benefits. Is this legal?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Hi! I can offer some general information about this situation:

1. At-will employment: In most states, including California, employment is generally "at-will," meaning employers can terminate employees for any reason that isn't illegal (such as discrimination or retaliation).

2. Misclassification concerns: The main legal issue here is likely to be whether the workers can be properly classified as independent contractors rather than employees. There are specific tests used to determine this, such as the ABC test in California.

3. ABC test in California: Under this test, a worker is considered an employee unless the hiring entity can prove all three of these conditions:

A. The worker is free from control and direction of the hiring entity in the performance of work.

B. The worker performs work outside the usual course of the hiring entity's business.

C. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

4. Potential issues: If the workers are doing the same jobs as before, it may be difficult for the company to prove that they meet all these criteria, especially B and C.

5. WARN Act: Depending on the size of the company and number of employees, mass layoffs might trigger requirements under the federal Worker Adjustment and Retraining Notification (WARN) Act or California's equivalent.

6. Unemployment benefits: Laid-off employees may be eligible for unemployment benefits, which could increase costs for the employer.

7. Legal risks: If workers are misclassified, the company could face significant legal and financial consequences, including back pay, penalties, and liability for unpaid taxes and benefits.

Given the complexity of this situation and the potential legal risks involved, it would be advisable for both the company and the affected workers to consult with employment law attorneys who can provide guidance based on the specific details of the situation.

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.