Legal Question in Employment Law in California

Indepentently contracted treated unfair

I work as an adult entertainer in a gentleman's club, and I am independently contracted. My boyfriend is an employee of the same club. We have been dating for 2 1/2 yrs and have worked the same shifts for that same amount of time. Our relationship has not been a secret and the people from corporate have been well aware of it for at least 2 yrs. This past week, another dancer was angry with one of us and called the corporate office to complain about us. Now they are saying we are not allowed to work the same shifts anymore. Can they legally do this? Nobody else has ever expressed concern about us working together - it was just an angry girl. Also, I am surrounded, at work, by many people on drugs, extremely loud music, and a manager who sexually harrasses me and many other girls. I have told corporate about the sexual harrasment and they have not acted upon it. I do not have time to pursue any of this in court because I am a full time nursing student, but any advice you can give me would be greatly appreciated. Thank you.


Asked on 3/20/04, 2:27 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Indepentently contracted treated unfair

Most likely you are not an independent contractor - you are an employee. A company may have policies that prohibit managers from engaging in relationships with employees. Co-worker relationship policies are a bit more of a problem as they may impact on your privacy rights.

The loud music may be addressed by a complaint to OSHA, which governs workplace safety.

Drugs are more difficult especially if the employer is not enforcing its own policies. Your best approach is to address the problems that result from the drug use (poor work performance, attendance problems) rather than the drug use.

Sexual harassment in your line of work is not impossible. If you have been subjected to unlawful harassment, verbal or physical, you should file a claim with the department of fair employment and housing at the least, but you would be better served to seek out a qualified labor attorney to analyze your situation and advise you.

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Answered on 3/25/04, 7:55 pm


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