Legal Question in Employment Law in California

Breach of contract and fraud

I recently learned that the state audited my former company 3 years ago, and settled with them to report all sales people in the subject capacity of sales rep as employees, not independent contractors as of January 1, 2001. They hired 2 of us in CA as of that date as IC's in the subject capacity. I was fired for refusing to do what they told me to do, as I had signed an IC contract, and knew the laws. They gave me the 30 day notice that the contract required, but have not paid me (and they cut off all communication with me as of the day I was fired--I could not work). Should I go to small claims? The Labor Dept. said they cannot help me if I did not work those days, they only collect wages. I've also been found by the state to be an employee, and am collecting unemployment.


Asked on 9/17/02, 4:58 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Breach of contract and fraud

If you are owed money, you can file through the Labor Commissioner for wages, interest and penalties. If you hire an attorney and win, you also get attorney fees. Call if interested in discussing representation. 714-960-7584

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Answered on 9/18/02, 2:24 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Breach of contract and fraud

There could be an argument for Wrongful termination as well !!! what was your rate of pay? How much money are we talking about?

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Answered on 9/18/02, 2:56 pm

Re: Breach of contract and fraud

Depending on the amount, you can sue in small claims or superior court. If you were wrongfully terminated, you may have another claim as well.

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Answered on 9/18/02, 6:11 pm


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