Legal Question in Employment Law in California
I worked as an Independent Contractor for a Retail Sales Group. My resigned from my position due to the lack of support and the demeanor of the owner. My wages have still not been made on my comissions and she is now threatening to call the San Diego Sheriff on me for the marketing supplies (samples) that I hold in my posession. I had made arrangements for the samples to be picked up for today and instead she is trying her other scare tactic. Since wages have not been made and it is past the 72 hr deadline for the state of California am I liable to give back the samples and how am I to get my check. She is a former Attorney so anything I say has to be accurate. I have caught her in several lies already but could really use some proper advice. Thank you so much.
2 Answers from Attorneys
If you want representation, let me know.
Best,
Daniel Bakondi, Esq.
[email protected] 415-450-0424
IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
If you had been an employee, you would be entitled to file a claim through the Labor Commissioner, seeking wages, benefits, penalties, interests, etc. As an IC, you will have to sue to try to get your money, since the claim is a debt between businesses, theirs and yours. Only employees are protected under the Labor Code. As an IC, you are not entitled to timely payment, penalties, or any other Labor Code protections. The real question is whether you were an employee or IC. If the amount in question justifies hiring an attorney to take action on either theory, feel free to contact me.
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