Legal Question in Employment Law in California
Independent Contractor?
Recently, I worked for an attorney for two weeks doing legal transcription. He wanted to ''try me out'' at a wage he set and then called me an independent contractor. He said we would talk about the job becoming permanent in two weeks. He also said I could go to other interviews while working for him if I needed to. I also had to punch a time clock. After two weeks,I told him I got a permanent job elsewhere. Now I am having trouble getting my paycheck. Do I keep bugging him for my paycheck since I punched a time clock at his wage, or do I make up my own bill as an independent contractor at my going price????? Please help.
2 Answers from Attorneys
Re: Independent Contractor?
Make up your own bill as an ind. contractor according to the time you punched in. You may want to speak with the labor board and explain to him what they advised you-Martin
Re: Independent Contractor?
I would send him a bill at your going price, as an independent contractor, but give him the alternative of paying you at the agreed wage as an employee. If he insists you are an independent contractor then he needs to pay for your going rate. If you are an employee, he is legally required to pay you your paycheck within 72 hours after you gave your notice. He is then subject to a day's wage for every day late, up to a maximum of 30 days. If he still refuses to pay, take him to small claims court, going for the larger sum of money. The Labor Commission does not have jurisdiction over independent contractors.
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