Legal Question in Employment Law in California

New client wants me to sign NDA. It uses employer/employee language even though they are going to pay me as a contractor (and not withhold taxes). Does one thing have anything to do with the other? Thanks in advance.


Asked on 5/25/16, 2:08 pm

1 Answer from Attorneys
Aryeh Leichter Leichter Law Firm, APC

It could be that they're using the same NDA template they use for their employees out of convenience. Conversely, if it's unclear whether they are properly classifying and paying you as an independent contractor as opposed to an employee, the fact that they refer to you as an employee indicates they view you as an employee, which would tend to support an argument that you're being mis-classified.

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Answered on 5/25/16, 2:19 pm


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