Legal Question in Legal Ethics in California

I have worked 3 years in senior home care company. My boss has paid my salary, took taxes, paid social security,etc. My boss called me 2/6 and said beginning of 2/1, he doesn't pay my salary anymore, he said I have to bill my clients, pay my taxes from now on, take insurance and still pay him 5 dollars every hour I make. Can he do that?


Asked on 2/08/13, 4:53 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

It is hard to imagine a scenario where that is legal. Your employer is trying to convert you into an independent contractor, but the law does not allow an employer and employee to decide for themselves when a worker is an independent contractor.

I would speak with a plaintiff-side labor lawyer about this matter, in order to plan a strategy as to how to proceed. Your employer cannot legally terminate you for complaining about an unlawful change in your status, but some employers might do it anyway. An attorney can help you think this through, and explain your rights to you.

Read more
Answered on 2/09/13, 9:39 am


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in California