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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33561
Experience:  Retired (mostly)
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Hello,My name isXXXXX About 3 mos ago I was

Resolved Question:

Hello, My name isXXXXX 3 mos ago I was hired as a independent contractor for a company called PXXXXXX XXXX TXXXXXXXX and my responsibility was to drive patients to the doctor, wait, and then drive the patient back home using my own car. I did this and accumulated 87 rides. According to the ad and the agreement I was to receive 30% of the fee charged in 30 to 45 days and the other monies as the insurance paid the company. To this date I have only received one payment of 1200. I stopped working for this company on Oct. 19th and went to work for another transport company. The owner keeps saying that he is waiting for the insurance companies to pay him and he can't pay me until this happens. He also said that I breached his contract because I went to work for another transport company but I quit his company and then I went to work for another company. So my questions are how do I get my $52,000 and can he deny me money like that and was I really an independent contractor if he trying to make me only work for him?

Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

There is practically no possibility that you were an independent contractor, based on your alleged facts. The reason why is that in order to have worked independently to transport persons for compensation, you would have had to have been licensed as a taxi or limo driver, under either local ordinance or by the State Public Utilities Commission.

The California Employment Development Department (EDD) treats taxi drivers as employees of their dispatch company (see this link).

You may have a very substantial wage claim against the employer. So large, in fact, that the employer may be thrown into bankruptcy. You can file a wage claim with the Department of Labor Standards Enforcement (DLSE). However, you may want to consider hiring a private lawyer, first, because, frankly, if DLSE loads up the employer with fines, and the employer files for bankruptcy, then you could find yourself getting nothing at all for your efforts. So, you may have to settle for something less than what you could have received, or to a payment plan by the employer, so that you can get as much as possible.

If you would like to consult with local employment rights counsel before deciding to file a wage claim, then for a referral, see this link.

Hope this helps.

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socrateaser, Lawyer
Satisfied Customers: 33561
Experience: Retired (mostly)
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