Legal Question in Employment Law in California

Recently signed agrrement as independent contractor for research with web based company. Assignment given to me requires me to drive 120 miles rt for 2.5 hours and gather research at $1 per document. Problem is there aren't enough documents to make any money and they are mandating how many trips I must take. Turns out there will NEVER be enough docs to make money. Two trips reaped me 10 docs and gas was over $26. This is NOT what I agreed to. Though not an hourly wage, it has been stated one should make about $15 per hr depending on how fast they type (could be more or less). It takes numerous hours to gather these docs since they are not on computer (most of times they are). They want me to continue for 30 days, working for free or will subject me to liquidated damages (recruiters fee of about $350). it was not their nor my intent I be free labor, but they want me to be nonetheless. They did raise me from 40 cents to $1 per doc and claim they are looking for replacement. I need money, not looking to spend money on several more costly trips (they mandate a minimum). Does intent invalidate an agreement and can someone force you to work for free and with costs to you?


Asked on 5/05/11, 6:54 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You can not be forced to work for free but you are being paid so it is not for free. I would guess they were aware of what would happen. If you were made promises as to how much you would earn then you might be able to argue they have breached the contract or fraudulently induced you into the contract. Write them an e-mail as to what the costs are, what you were told to enter the contract, how you were mislead, why you feel you should be released from the contract and that they or recruiter breached it, no meeting of the minds as to what would be the actual results, you do not have the $350 to pay and are judgment proof so no point in suing you, contract invalid as you were mislead, [does contract require you to actually continue working for them?], no meeting of the minds for a binding contract to exist, etc. See their response.

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Answered on 5/05/11, 7:09 am


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