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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11054
Experience:  Significant experience in all areas of employment law.
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My wife is a contract employee large company as a recruiter

Customer Question

my wife is a contract employee for a large company as a recruiter and has been for 3 years now. she has a contract for a year stating how much she will get paid per week and for the year. The company is now telling her that she will get docked for any time taken off and for holidays, as well as telling her when and where to be on a daily basis. Does she have a case to get this rectified?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 5 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. Is your wife being paid a salary, or hourly? I very much look forward to helping you on this matter.
Customer: replied 5 months ago.
her contract states that it is a fee that is paid to her in weekly installments for 12 months
Expert:  Patrick, Esq. replied 5 months ago.
Thank you. Is she an independent contractor (she receives a 1099 at the end of the year) or an employee (receives a W2)?
Customer: replied 5 months ago.
Customer: replied 5 months ago.
she is an independent contractor
Expert:  Patrick, Esq. replied 5 months ago.
Thank you. And last question: does her contract say anything about her employer having the right to deduct from her salary for time off and holidays?
Customer: replied 5 months ago.
Expert:  Patrick, Esq. replied 5 months ago.
Thank you. So as a contractor, the terms of her contract govern 100%, and unless those terms expressly permit deductions from her weekly salary then deductions would not be permitted. The answer here would actually be a bit different if she were an employee, because then the Labor Code would apply, and the Labor Code permits pro rata deductions when a salaried employee misses one or more full work days due to personal reasons. However, the Labor Code does not apply to contractors. Again, as a contractor, the terms of the contract control 100%. And here, without any clause expressly permitting deductions, no deductions would be permissible. Your wife could sue in small claims court for breach of contract if any portion of her salary is withheld. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.