Legal Question in Employment Law in California

I am a sub for my sons paper route. Excellent zero complaint work record. Supervisor is an independent contractor just as my son is. She is constantly harassing me. She and her husband made very rude remarks, harassing me, threatening me in front of my husband who was also helping me one day. My husband shouted out loud "nobody disrespects my wife like that" then he went outside to calm down. The next day she told me that my husband wasn't allowed in bldg. He didn't do anything wrong. Her superior told her "he can help as long as he gets permission from another zone manager to fold in their rented space." Out of a respect I notified her that he was coming in to help tomorrow which is Sunday. Shes now telling me if I refuse to either have my son help or do Sunday papers by myself I have to leave in 2 weeks. Everyone else is allowed to have family members help them.


Asked on 11/06/10, 4:00 pm

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

As a former paperboy whose mother helped me on Sundays, I know how you feel. Ask her if your son is an employee of the the company or an independent contractor. She wil say the latter. One major factor that separates the two is that the latter is hired to do a general act, such as delivering tje news paper, wilthout any control ove how the work is done, during what hours, with what crew of workers,etc. So unless they want to start paying your son a minimum salary, cover him with Workers' Compensation insurance, provide for sick leave, etc., they can not interfere with how he selects to do the work and who he chooses to help him out. [ I assume you got another zone manager to agree to your husband being in the building]. Then apologize for your husband and get him to say he was sorry for getting so upset .

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Answered on 11/11/10, 7:13 pm


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