Legal Question in Employment Law in California

company disputing claim that i was terminated

My former boss proposed an ideal opportunity for me to work from home. I said I'd think about it and that it did sound appealing. The next day I arrive to work and she already has me pack up so I can start working from home. Then she tells me that I can't still be a employee of the company if I telecommute and that she would have to terminate my position at the office in order for me to start getting paid as a ''freelancer''. She tells me that we can just try it out and if I don't like it I can come back and work onsite. So I filled out a w-9. She keeps me busy for about 4 weeks. I report to her every Friday and she provides me with new work. During these visits I notice that my old desk is already filled with a new person but she comforts me that there is so much work for everybody. By about week 5 she tells me that there is only enough work for her inhouse staff and encourages me to file for unemployment and look for new jobs. I find my old position being advertised and I realize that she found a clever way to fire me. Now she is claiming that I quit my job and she has verbal witnesses that say I was so happy to accept her offer. And that since I quit I can't collect unemployment. They don't have anything from me stating I quit.


Asked on 9/26/08, 3:02 am

1 Answer from Attorneys

Re: company disputing claim that i was terminated

Is there a question here?

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Answered on 9/26/08, 8:49 pm


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