Legal Question in Employment Law in California

I work for a start up firm as an "independent contractor". The firm gave me a 5% share in the company and they put it in writing. My salary is very low however, mainly because the company is not profitable yet (they are loosing money still). The company has been around for 4 years and I have been working there for the last 3 years.

I am working here only because of the future share value, because my salary is so low that it does not even cover my expenses.

My question is:

is it OK that I am hired as an independent contractor instead of a full time employee, with a VP title, can I claim my shares some day if and when the company's share become valuable?

Thanks for your answer in advance.


Asked on 10/02/10, 11:48 am

2 Answers from Attorneys

There is no way to say if you are "OK" or not without a lot more information. If you've seen "The Social Network" or know anything about the history of Facebook, you know that you can get screwed by signing agreements that supposedly give you a share in a start-up if you don't understand them. Without reviewing the details of your working arrangements and your agreements with the company, there is no way to answer your question. You may have a potentially great deal, or you may be at risk of working for free. Most likely it is somewhere in between.

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Answered on 10/07/10, 12:15 pm
Herb Fox Law Office of Herb Fox

Your post is worrisome because you describe yourself as an independent contractor who is on "salary." Those terms can be mutually exclusive and it is unclear whether you are truly an independent contractor or an employee of the company.

Further, Mr. McCormick is correct that no attorney can answer your questions without alot more information, starting with a review of the written agreement.

You might consider spending a few hundred dollars on a consultation with an attorney (which is something you probably should have done before committing three years of your life to the company). If there is any future value in your company, that could be the best money you've ever spent.

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Answered on 10/07/10, 2:46 pm


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