Legal Question in Employment Law in California

IC vs. Employee--can I sign away my right to challenge?

I talked to the DLSE, and they think that I am an employee (I haven't filed anything yet). I'm scared, though, because the ''Independent Contractor Agreement'' states the following:

8. c) IC represents and warrants that he/she/it shall not, at any time either during the term of this Agreement or at any time thereafter, assert or defend the position, before any state, local, or federal agency, or in any state or federal administrative or judicial proceeding, that the relationship created hereunder is anything other than that of an independent contractual relationship. IC makes this representation with the knowledge that this representation has induced COMPANY to enter into and continue the relationship created hereunder. In the event of IC's breach or threatened breach of this paragraph during the term hereof and at any time thereafter, COMPANY may pursue and and all remedies available to it for such breach or threatened breach, including recovery of damages.

It seems to me from reading this that I signed away any rights I have to assert that I am an employee. Is this legal?

Also, it says it will be under PA law instead of CA law although the work was all in CA--does this affect my rights? Thank you for any help!


Asked on 1/28/09, 7:54 pm

2 Answers from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

Re: IC vs. Employee--can I sign away my right to challenge?

You are a California employee. If in Southern California contact me.

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Answered on 1/29/09, 4:59 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: IC vs. Employee--can I sign away my right to challenge?

An employer is not entitled to set the rules of what constitutes an employee or an independent contractor. That is set by law. I have a hard time accepting that this provision would be enforceable in court.

Moreover, you are employed in CA so your employer is compelled to follow CA laws regarding your specific situation.

If you have been misclassified as an independent contractor when in fact you are an employee, and you are determined to be a non-exempt employee, you could be entitled to monetary damages.

There is no need to be scared IF you get competent help. Feel free to contact us if you are in Southern California.

Best of Luck.

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Answered on 1/30/09, 2:10 am


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