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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39008
Experience:  Retired (mostly)
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I gave up a permanent job and an imminent $4K bonus to become

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I gave up a permanent job and an imminent $4K bonus to become a contractor that was advertised as 5-6mths work and I believe that work genuinely exists. The contract was going really well with extreme 60-80hr working wks and we successfully made a deadline for a Japanese customer that saved the account and got accolades all the way up to the CEO (we received a personal visit from the CEO and numerous managers). However, a few days after this deadline was achieved I was called into a managers office and told this was my last day and my contract was completed. Everything was going very well on a personal level with the team often taking and running with my ideas and the only possibility is that someone else had some undisclosed prejudice e.g. ageism. The day before I had worked very hard and discovered 8 critical "crash" bugs in software written by the lead architect but had very diplomatically reported and fixed them. I was in a team of 5 people working in a "war room" scenario but it was often a very intense atmosphere. We often had meals together and were invited to social events and sometimes felt the female lead architect wanted more than just a working relationship. Do I have any legal recompense? .... the only contract I have is a simple 2 page contract with a "middleman" agency who I invoice and receive payment from.
Hello,

A true "independent contractor" has no standing to sue for discrimination in employment, because the contractor is not an employee. However, in the overwhelming number of circumstances, a worker who who agrees to act as an independent contractor, is actually a misclassified employee, and once that legal issue is resolved, suddenly the employee has a discrimination claim, too.

If you would like to determine whether or not you really were an employee, despite your contract, see this worksheet. If you determine that you were an employee, then you can file a payroll tax fraud complaint at this link. And, you can file a sex discrimination complaint at this link.

Hope this helps.

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Customer: replied 6 years ago.
To Socrateaser,

Thanks for your answer. I answered all the questions in the EDD worksheet and it appears that all 9 answers are indeed in my favor, however, is there any previous precedent of any kind for a contractor winning this type of case against a corporation?

I have one other concern before considering legal action which is I'm not protected by a legal entity e.g. a corp, so if I lost the case my house could be at risk.

In short, is there enough "meat" here to make a case worth considering.

Best Regards,
Ray
Thanks for your answer. I answered all the questions in the EDD worksheet and it appears that all 9 answers are indeed in my favor, however, is there any previous precedent of any kind for a contractor winning this type of case against a corporation?

A: You don't have a case, unless EDD determines that you are a misclassified employee. So, if you want to try to set yourself up to be treated as an employee for discrimination purposes, then you'll have to file that complaint first. Re precedent, cases never appear as starting with an EDD complaint, since the case never gets into court until after there is an established employment relationship.

You're putting the cart before the horse.

In short, is there enough "meat" here to make a case worth considering.

A: No way to know until the EDD decides your employment status.

Hope this helps.
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