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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Im an Orthodontist working in CA as an independent contractor.

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I'm an Orthodontist working in CA as an independent contractor. What does the following mean, and what are the implications and what should I watch out for?

" Notice: You are agreeing to have any dispute arising out of the matters included in the arbitration of disputes provision decided by neutral arbitration as provided by California law, and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. You are giving up your judical rights specifically included in the arbitration of disputes provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the California code of civil procedure. Your agreement to this provision is voluntary. We have read and understand the foregoing and agree to submit disputes arising out of the matters included in the arbitration of disputes provision to neutral arbitration.
Hello again Rita,

This is known as an arbitration clause. It means that any legal disputes (including breach of contract, wage claims, and possibly discrimination claims) would be subject to arbitration, which means that you would be prevented from filing suit in civil court. Or, if you were to file suit, your employer would be successful in compelling arbitration and preventing you from suing till you go through arbitration.

The main reason that employers favor these agreements is to limit legal costs and potential liability, since arbitrators will normally reward less than juries will, and arbitrators rarely award very large verdicts against employers.

This would be binding arbitration, meaning that the decision of the arbitrator would be just as binding as a court decision. However, you would still have the right to appeal the decision based on errors and mistakes of law that the arbitrator may make in the process.

If you wind up going to arbitration, it is important to look into the arbitrator and make sure that the arbitrator is not more employer friendly and will be fair to you.

As before, please don't hesitate to ask me any follow up or clarifying questions.

Thanks again and best of luck!
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

What would the benefit and potential risks be to an independent contractor?



Would you advise singing it?


 


Thank you!

As the other expert mentioned, whether you are an employee or independent contractor is determined by the facts and not whether you sign on as an independent contractor vs. an employee.

In general, there are many more advantages to being an employee, including workers' compensation, disability, and unemployment.

The only main advantages to being an independent contractor is that you have control over how the work is done (if you are correctly classified).

But really the benefits are all on the employee side, which is why so many employers try to misclassify their employees as independent contractors.
Joseph and other California Employment Law Specialists are ready to help you
If you are currently working as an independent contractor and your employment is not contingent upon signing the agreement, it isn't necessary or advisable for you to sign the agreement, since arbitration provisions generally favor employers.

Joseph and other California Employment Law Specialists are ready to help you
Hello Rita,

Thank you for your positive rating of my services! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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