Legal Question in Sexual Harassment in California

Independant contractor vs employee

I wrkd for a large health Ins. CO. in CA. Was recruited by an empl., who at same time I was becoming involved with. It did not work out; I ended it. Person warned by boss in beging not to get involved; career would be in jepordy.

I feel I was term. B cause I wanted to apply for an ''employee'' mngr. sales position. It was known since 11/00 I wanted to apply for this pos. Never given the opprtunity to apply when rcntly became avail. Made it known I was writing a ltr. ?-ing the reason why not given opportunity to submit highly qualified resume. Made it known I was sending copy of ltr to (man I had a relationship with), BOSS and, to the Hmn Resrces Dept. Next day contract was term. ''with cause.'' Misconduct, Inappropriate behavior; Insubordination. No spec, incidences stated. Under contract as an Indpndt Cntrctr. I was not permited to sell any other comp. companies products. Controlled by them in this sense. Limiting me to economic gains. I was required to support and train agents; be a part of mandatory monthly sls. mtngs. Do I have rights to file suit against them for Retaliation for complaining about discrimination; Sexual Harassment?


Asked on 2/15/01, 10:01 pm

1 Answer from Attorneys
John Ferry Law Offices of John C. Ferry

Re: Independant contractor vs employee

You have a couple of options. As an independent contractor you have no protection for sexual harassment/discrimination/retaliation. However, you do have a contract which can be breached. If you have satisfied all the terms of the contract it is possible you can sue for breach, but your damages would be limited to the value of the contract -- that is, your salary for the term of the contract.

Alternatively, the harassment/discrimination laws also apply to hiring so you might be able to argue that you were discriminated against when they failed to hire you as a full time employee.

Whichever route you follow, you should make a demand (in writing) to the Company for compensation or hiring.

If the latter, you must also file a charge with the Department of Fair Employment and Housing. I do not know where you live, so simply look them up in the blue (State Goverment) section of the phone book, request an appointment and they will investigate. If you tell them you have a lawyer, they will issue a 'Right-to-Sue' letter, with which you can proceed against the Company. Otherwise they will investigate on their own and might negotiate on your behalf.

Feel free to contact the undersigned -- if you are in the San Francisco Bay Area, or any local attorney for details.

Best wishes

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Answered on 4/02/01, 7:29 am


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