Legal Question in Employment Law in California

Misrepresentation and Misclassification

I was hired as an independent contractor by a new employer, after leaving a good company with a salary guarantee remaining. I was told in three separate interviews that I would be taking over an existing territory after a 60day probationary period. There were no new sales quotas required in order for me to complete the probationary period. I sold 2 new contracts and had 1 waiting to be signed in the 5 weeks that I was employed. I was fired on an ''at will'' basis. I was told that it ''just wasn't working out''. I feel that the position was misrepresented, and that I was damaged both in terms of money and reputation. The state of California has since determined that I was an employee and not an independent contractor. The employer misclassified me, and treated me in a wrongful manner. Do I have a legal basis for a complaint, and what types of damages can I claim ? I calculate my damages to be over $25,000.


Asked on 2/05/08, 6:54 pm

1 Answer from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Misrepresentation and Misclassification

You may be entitled to a wage claim based on the misclassification. However, the misrepresentation claim would require more information in light of the fact that you would only have the new territory after the probationary period.

Feel free to contact my office if we can help

Good Luck!

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Answered on 2/27/08, 11:24 am


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