Legal Question in Employment Law in California

I have been working for the same company for around five years. First two years, than I was "fired", six months later, "hired" again, than near the end of 2009 fired again. This is approx. Now, that's just background. Here is the meat of my question:

I was "hired" again in the middle of 2010. So the last two years is the focus.

First, they have me as an independent contractor. All this time. Even though in the last two years (and in the last five years), I've had no other "clients."

I fill out time sheets to get paid, I work daily, I manage a whole department , and they have me as an independent contractor.

For the last two years, I have worked every single day, minus a small handful of sick days (non paid), no holidays no weekends. I drive their and back every single day. That's 2 hours non paid, plus gas, non paid.

Their are more details, but that's the gist.

Am I being screwed?


Asked on 6/15/12, 4:44 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Yes, unless you are legally qualified under the Labor Code to be classed as an actual independent contractor. You gave no info on what you do, other than 'manage', but your description of the rules that apply would not likely allow you to be an IC. Sounds like you may have a claim for unpaid wages, OT, interest, penalties, and if you win your case in court, your attorney fees. If serious about pursuing this, feel free to contact me for the legal help you'll need.

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Answered on 6/16/12, 12:35 pm


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