Legal Question in Employment Law in California

I'm a 1099 indepedent contractor (actor) in a touring children's show. It is my sole income and I've been an employee for 2 years. I was fired today because my boss claims my show is not well prepared and the show is suffering. I had 2 weeks (about 1000 dollars) of work left and he has given me 2 days notice.

My contract with the company states two main things: 1) i will be paid on the 1st and 15th of each month according to the tour schedule. several times in my 2 years the pay has been late, and in one case nearly one month late.

also, the contract states I will be paid 8 dollars per hour of rehearsal with him.

In a recent email he threatened to force me to rehearse with no pay because he did not like the way the show looked, though he has only seen me perform twice in 2 years, which has included hundreds or performances.

Not only has he broken my contract in the past, but I have an email in which he clearly threatens to break the contract by not paying me for work, and also threatens to fine me per line of dialogue missed, which is also not in the contract. These threats to force work with no pay and his overall poor management skills dissuaded me from working specifically with him on his show. I'd love to know your first impressions of this and possibly discuss it further. Thank you.


Asked on 4/25/10, 7:00 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You may or may not be properly a 1099. If so, you could sue for contract breach and damages. If not 1099, you could bring a claim with the Labor Commissioner for employee wages and benefits unpaid.

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Answered on 4/30/10, 7:37 pm


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