Legal Question in Construction Law in California

Wrongful Termination

I was hired in Jan. 2009 by a drywall contractor to be Superintendant over a moderate sized tenant improvement job that spanned 3 seperate bldgs.He had no one qualified to run the project so he hired me. It was a cash deal until he saw if I would work out.He also promised to cover dental work I needed desperately as part of the deal.He even spoke of a new truck if I came in under certain figures. The job was to be done in 2 phases, phase 1 being much more detailed and difficult.I raised hell when I learned he didn't allow breaks.''This isn't a Union shop''were his exact words.I then argued about no overtime pay, though extra hours were expected.I lost here as well and had gotten on his nerves.He also expected mistakes to be corrected ''off the clock''.Again I raised hell, to no avail.He docked hours if he felt your time wasn't accounted for. Took 10% of my cash pay for accounting reasons.I have my own standards, being a Union man, this was why I worked Union. He isn't Union.So I trudged on and brought phase 1 in to a large profit for him. Two days before phase 1 ended he fired me.Said he didn't trust me and he walked on eggshells when I was around.I bet he did. What course of action can I take as far as grievance? Thanks.


Asked on 4/29/09, 2:05 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Wrongful Termination

'Grievance' applies only to union members, not you. You can file an unpaid compensation claim with the Labor Commissioner or in Superior Court, seeking all your hours and OT and benefits that you can prove. If this is for enough money to justify hiring an attorney [sounds like it is], feel free to contact me for the legal help you'll need.

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Answered on 4/29/09, 1:49 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: Wrongful Termination

The main issue here is whether you are properly classified as an independent contractor or employee. Have you thought about filing a complaint with the labor commissioner? It won't cost you anything and may be your fastest resolution.

Good luck.

www.SoCalConstructionLaw.com

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Answered on 4/29/09, 2:13 am


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