Legal Question in Employment Law in California

Independent Contract

I started working for a company doing data entry. I was supposed to call people that had shown interest in the company and get information from them. There was a fee to it, which was promised that was to be taken out of my checking account, once I had made the equivalent amount and would get it back on my paycheck. There was another monthly fee of $20 that was an admin fee also that would come out of what I had made that month. I was told that I could get out of this and back in as I wished. I signed a contract as an independent contract worker. Well, there is no way that I can earn money as it was promised, and if anything I'm just running my phone bill up from all the phone calls. They went ahead and charged the first fee to my account eventhough I was nowhere close to making it. And last week, the $20 fee was also charged, eventhough after ''working'' I only worked a week and told them that I no longer wished to work for them. I called them today, and was informed that I had entered into a one year contract and that the $20 fee will be charged from my account for the rest of the year. I was never paid for the work that I did either. Is there a way that I can get out of this contract?? I can fax it if needed.


Asked on 3/15/03, 8:29 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Independent Contract

Tell them in writing that unless the fees are refunded, you will take legal action. Then report and try to get the police, District Attorney, Attorney General, Consumer Affairs Dept, and others to pursue fraud and theft charges. You could file in small claims court for the money taken. Definitely have your bank stop the withdrawals, or close the account.

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Answered on 3/18/03, 5:56 pm


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