Legal Question in Employment Law in California

I was told that I had to do a unpaid training, before I started making a paycheck. I had to get 2 certs., ontop of that. After completeing my certs and unpaid traing, I worked with them for the next 3 weeks. On 8/12/2012 I was asked to sign a contract making me a independant contractor, as well as having to get a DBA and carry Generall Liability insurance, the contract was also back dated to 07/25/2012. After refusing to sign the contract I was told to take all equipment of my truck (termination?) After doing so I asked for my pay and was told that "No you quit and have to wait till the next payperiod, and another payperiod for next check, as well as a following payperiod, that would fully pay me for a jobs I completed for them. My unpaid traing started on 7/13/2012, during which I was injured due to so metal burrs getting lodged in my eye. I was from the company that I had to deal with it. So after paying around $500 and losing 3 days to heal, I was back at work. Also the way they conduct buisness, as reguards for us installers, would simply classify all there installers a employee's. We show up to their office at a set time, and are giving us work orders, telling us how its to be done, and calling them for finall authorization for the jobs, and they tell us what day(s) we have off. This cant be legal, also to not that the chanded our paysacale after the start of the work, and informed us of the change thru e-mail, which was 5hrs after the pay period started!

Had to get a lawyer when you havent been paid, not to mention pay for a consultaion fee! There is at least 20-30 installers falling victom to this, and all they can say in their defense is they need the money! Please help!


Asked on 8/14/12, 4:25 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

File a complaint with the Division of Labor Standards Enforcement for all the hours you worked, including the "training" time and for waiting time penalties for not paying you when they should have. The DLSE will determine the issue of whether you were an employer or a contractor (sounds like you were an employee). It is not clear what the $500 was for, but it is illegal to make an employee pay for the cost of applying for a job and for employer related expenses.

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Answered on 8/14/12, 4:45 pm

You are describing very serious violations of California Labor Law. Contact the Department of Industrial Relations, Division of Labor Standards Enforcement. http://www.dir.ca.gov/dlse/aboutDlse.html And file a complaint.

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Answered on 8/14/12, 4:45 pm


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