California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for entrusting me to answer your question. If you didn't change anything about his employment, then on what grounds is he alleging retaliation? A claim of retaliation requires showing that the employer took adverse employment action against the employee in response to the employee engaging in protected conduct (taking disability, reporting labor code violations, etc.) Please clarify for me. Thanks so much.
When he was original brought to the company he was told he would be an independent contractor and paid $15 per hour to equal $600 per 40 hour week. He did make his own hours within the hours of our hours of operation, but we supplied him with everything he needed to do his job. He was supposed to bring in his own clients and then work into a commission based position and run a department. He was not able to do that and needed the weekly money we paid him. We then raised him to $16.25 an hour and if he worked a full 40 hours would make $650 a week. He no longer needed to worry about relying on clients to make a commission off of. He did this for about 2.5 years. He preferred to remain as an independent contractor because he owed back taxes and he needed to work that out.
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