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Joseph
Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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I was a "supposed" contractor for Universal Studios Hollywood.

Resolved Question:

I was a "supposed" contractor for Universal Studios Hollywood. I invoiced them, but they required me to work a specific amount of hours a week and gave me a computer to do the work. They were my only clients. I also worked for them several years as a temp employee. But, they knew it would be cheaper for them to hire me as an independent contractor and though I asked to be a temp employee, they would only hire me if I would invoice them. I went to China with them on a business trip and was severely injured, sustaining a brain injury and a compression fracture of the back. They filed workers comp for me and I went back to work part time in January 2012. On the exact date of my accident, I was "Let Go" services no longer required. I have not been cleared by the Dr to go back to work full time yet and have no options for employment. My question is did they wrongfully terminate me or was it discrimination because I was injured?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

It definitely seems like a wrongful termination and discrimination case to me based on your facts.

Since you were 'let go' on the exact date of your accident, that would definitely demonstrate that you were terminated due to having your disability and in retaliation for filing a workers' compensation claim, or potentially filing one in your case.

Also, as you seem to suspect, it appears that you were misclassified as an 'independent contractor' when you should have been classified as an employee.

In addition to pursuing a wrongful termination case, I suggest you make a complaint to the Department of Fair Employment and Housing for discrimination due to your disability in violation of the Fair Employment and Housing Act.

You can make a complaint using the instructions available online here:

http://www.dfeh.ca.gov/Complaints_eCompProc.htm


The Department of Fair Employment and Housing will investigate your complaint on your behalf and either file suit on your behalf or issue you a 'right to sue' letter so you can pursue your claim against your employer through a private attorney.
Joseph, Lawyer
Satisfied Customers: 4893
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Please remember to positively rate my answer so I get credit for my work!

Thanks and best of luck!

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