Legal Question in Employment Law in California
Temp Employee Have Recourse Against Client?
I was recruited from Oregon to work for a large aerospace corp here in S Cal. I was then told that I would be paid on a '1099' basis. After my initial check, every check for the last year has been late - sometimes up to thirty days.
Now my contract is coming to an end and the agency is in arrears for over thirty days... they will owe me two months wages in the end at this rate.
I have spoked with the customer where I work onsite forty hours per week and complained over the last eight months of problems. Now, my supervisor has told me that the company has any responsibility for me getting paid.
I have gone around him, and discovered that the contract administration department has never been advised of late pay etc.
I know that I can get a judgement from the labor commissioner..but the agency appears to be going broke. The judgement could be worthless!
There are however outstanding payables to the agency from the aerospace corp. Do I have any recourse to stop payment of the aerospace corp to my agency until I get paid?
1 Answer from Attorneys
Re: Temp Employee Have Recourse Against Client?
What you may be able to do depends on whether you are an employee or an independent contractor. From your description, it sounds as though you are an independent contractor of the agency, as indicated by the 1099 treatment of payment and the lack of supervision by the agency. If so, you cannot take the agency to the labor commission because it has no jurisdiction over such relationships. You would have to sue the agency in court, possibly small claims if the amount if less than $5,000.00, which would be the quickest way to go.
You cannot interfere with the payables until you obtain a judgment in your favor, so time is of the essence.
Sonmetimes, courts have been known to find that the company you are "loaned" to is really your employer. Therefore, the aerospace company may have unwittingly become your actual employer if certain criteria is met. You should meet with a labor law attorney in your area to review your situation and determine what options you have and the approximate cost of each.
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