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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38801
Experience:  Retired (mostly)
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Hi - I am an independent (sales) contractor for a Swiss Company

Customer Question

Hi - I am an independent (sales) contractor for a Swiss Company -they have just sent over two documents that they want me to sign - regarding usage of computers etc.
I do not want to sign them - for one, because my independent (sales) contractor contract is so terrible and we have been trying to get it renegotiated for over one year and they will not budge - do I have to sign either one of these contracts - and are they even legal - my boss is an criminal attorney from England and the seem nuts to me.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Independent contractors are free to contract -- California employment law does control where the parties are true independent contractors. Even were you determined to be an employee, there is little to prevent an employer from making requirements concerning computer usage.

As for you being required to sign the contracts -- no, you're not required. And, the contracting party is not required to hire you -- which is almost certainly what will happen if you don't sign.

So, nuts or not, you're probably stuck. Though, as a practical matter, these types of contracts are rarely sued on, unless the breach is so damaging that the contracting party's business is destroyed in the geographic area. Thus, you may be overthinking your risk.

Hope this helps.

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