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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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If you are let go

Customer Question

If you are let go after a employee tells you about a harassment issues and you report it (bring it to management), do you have any recourse ?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  LawTalk replied 5 years ago.
Good morning,

I'm very sorry to hear of your situation.

Was the harassment issue that you reported related to your, or someone else's Ethnicity, Color, Religion, National Origin, Age, Sex or Disability?

Why did you report it rather than the employee?

Were you an employee or an independent contractor of the employer who fired you?

Doug
Customer: replied 5 years ago.

both


 


the employee was scared he would lose his job


 


i was an independent contractor


 


James

Expert:  LawTalk replied 5 years ago.
Good morning,

I apologize for the delay, I took yesterday off and was not answering questions.

I'm afraid that I cannot assist you. I will opt out and perhaps another expert can assist.

Please do not respond to this message as it will send this question back to me.

Thanks and good luck.

Doug
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

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

Unfortunatley, if you were correctly classified as an independent contractor then you wouldn't have any cause of action against your employer.

However, if you were misclassified as an independent contractor and should have been classified as an employee, then you would have a cause of action against your employer for wrongful termination in violation of public policy.

You can read more about the classification of employee v. independent contractor to see whether or not you were correctly classified online here:

http://www.dir.ca.gov/dlse/FAQ_IndependentContractor.htm