Legal Question in Employment Law in California

Hello i worked for a local newspaper for three years. im a independent contractor through them and thursday when i got to work the main boss came up to me and told me they were making changes, and my services were no longer needed. they gave me a 30 day notice. i came to work this morning and was told to go home, and dont bother cumming back. can they do that? i thought i had 30 to work.


Asked on 2/01/13, 6:40 pm

2 Answers from Attorneys

Neville Fernandes Norcal Employment Counsel

The real issue you should look at is whether you were properly misclassified as an independent contractor. It is difficult in CA for an employer to legitimately classify someone as an IC. It sounds like you considered this your one job and went to work each day for this employer and no one else.

If you were misclassified you could be entitled to unpaid wages for overtime as well as penalties for missed meal and rest breaks. You could also get 30 days of "waiting time penalties". Some factors to determine IC status include being able to control your own work schedule as well as:

1. Whether the person performing services is engaged in an occupation or business distinct from that of the principal;

2. Whether or not the work is a part of the regular business of the principal;

3. Whether the principal or the worker supplies the instrumentalities, tools, and the place for the person doing the work;

4. The alleged employee's investment in the equipment or materials required by his task;

5. The skill required in the particular occupation;

6. The kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision;

7. The alleged employee's opportunity for profit or loss depending on his managerial skill;

8. The length of time for which the services are to be performed;

9. The degree of permanence of the working relationship;

10. The method of payment, whether by time or by the job;

11. Whether or not the parties believe they are creating an employer-employee relationship.

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Answered on 2/01/13, 6:56 pm
Charles Perry Law Offices of Charles R. Perry

I agree with Mr. Fernandes' response.

Unless there is something in your agreement with the newspaper, it is very likely that they could change their mind as to the thirty-days notice. This would certainly be true if you were an at-will employee.

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Answered on 2/02/13, 1:34 am


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