California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law

This is a follow-up. We had a temporary employee who was

Customer Question
This is a follow-up for...
This is a follow-up for Doug. We had a temporary employee who was paid through a temp agency, but our HR director did also give them a draft contractor agreement outlining roles/responsibilities (language from that below). Neither party ever signed. We
now want to terminate the temp and are wondering if we can simply do that through the temp agency, or whether we should also do a separation/release agreement with the temp directly to cover ourselves. If we do a separation and release, I assume we can use
our usual form agreement, but just mention that payroll was handled through an outside agency? Thanks, ***** ***** render such services as Client may from time to time request, including, without limiting the generality of the foregoing: • Program management
for company-wide, highly visible programs from vision to release o Cross-functional coordination across multiple departments  o Manages multiple projects concurrently, varying in size and scope  o Effectively manages project teams in a matrix environment 
o Communicates effectively and provides clear direction and guidance to the team  o Report on progress towards milestones to executive team • Manage all aspects of the implementation and onboarding process, acting as a liaison between the customer, Sales,
Operations and Product teams o Provide excellent customer service in both pre-sale and post-sale implementations, partnering with the Sales team to understand and assess customer requirements; ensure customer satisfaction through clear communication and expectation
management o Implement processes and procedures for new shippers and carriers that drive usage and expansion o Coordinate with the Sales, Operations, and Product, teams to evaluate and resolve critical implementation barriers o Be a product expert in all aspects
of the platform; passing on your expertise to each customer so they can utilize our service to its full potential o Create, implement and maintain our SOP (Standard Operating Procedures) for each client o Generate reporting to track adherence to the SOP, reviewing
outcomes with clients regularly o Implement training process and guide team to ensure smooth and efficient implementation of products and services Schedule Of Work: The work will commence on September 21, 2015. Fees: A. Fee: Fee: $70.00 per hour and all applicable
overtime rates; paid and managed through an outside agency
Submitted: 2 years ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 26 minutes by:
10/1/2015
California Employment Lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,855
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
Verified

Good morning,

Thanks for asking for me. Thank you for the language that I inquired about. That is invaluable to my analysis of the situation.

Fortunately, referring to the employee as a "consultant" does not make them an independent contractor under CA law, and the "contract" reads much more like a job description and initial wage offer than a true independent contractor agreement/contract, which would perhaps limit your actions as regards ***** *****

While it was certainly a mistake for the HR employee to give this to an employee which your company did not intend to retain as an independent contractor, I think in this case it is a matter of no foul, no harm.

The employee is still legally an employee, not an independent contractor and there is no specific need to jump through any hoops other than to let the temp agency know that you would like to end this employee's position with your company.

As legally you are not the employer, I don't see that a separation/release agreement between your company and the employee is necessary---and not knowing the contents of such an agreement, I would hesitate to suggest that it was appropriate anyway.

You may simply let the temp agency know that you would like to terminate the employee so that the agency can prepare the final paycheck and any final documentation that the agencies use with its employees and leave it at that. You are free to do an exit interview if that is a norm for your company, but again, as the employee is technically not your employee, it isn't necessary as part of the process.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Ask Your Own California Employment Law Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,855
37,855 Satisfied Customers
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

37,855 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

31 satisfied customers

General Practitioner. Research Attorney

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
I was verbally suspended from work yesterday, for a term of
I was verbally suspended from work yesterday, for a term of one week. I was also told that I would be on probation when I come back, and that I need to take sensitivity and anger management course. I … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a employee that it on salary, they was out for a week
i have a employee that it on salary, they was out for a week due to being sick. Do i still have to pay them a full week salary or just the three day. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Just looking for advice on best exit out of a company their
Hi there, just looking for advice on best exit out of a company their retention bonus is too far out … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
An investigative consumer reporting agency (ICRA) performing
An investigative consumer reporting agency (ICRA) performing a background check for a California (Los Angeles) employer located a misdemeanor record from March 2017 that resulted in a deferred prosecu… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer changed my work schedule less than 2 days prior.
My employer changed my work schedule less than 2 days prior. Now im facing and no call-no show. Is that legal for the employer to that? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY EMAIL ON THAT DAY. ON APPROX 10/10/2017 MONIES WERE SENT TO MY BANK. I HAD TO EMAIL THE EMPLOYER BEFORE ACTION WAS TAKEN. AMOUNT $5000 ISH, 4 WE… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,411 satisfied customers
I was sent home on paid leave almost 8 weeks ago, for no
I was sent home on paid leave almost 8 weeks ago, for no reason (is what I was told). They needed to do some investigating on the issue- what issue? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was arrested with domestic violence and I asked my
I was arrested with domestic violence and I asked my criminal lawyer that the police arrested me by mistake. Now I worried about my arrest record will affect my job application … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I recently terminated an employee whom admitted to stealing
I recently terminated an employee whom admitted to stealing money from a customer that left his wallet in the car. The employee worked for us for roughly 10 years and as you can imagine was not happy … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Thank you for your counsel on our employee problem., my son,
Thank you for your counsel on our employee problem. Josh, my son, has been asking the questions so far. Having read the conversation threads, I would assume that you must have a rather negative view o… read more
socrateaser
socrateaser
1,031 satisfied customers
I am a part-time employee at a local organization that has
Hi. I am a part-time employee at a local organization that has its own office. The organization also has other part time workers at the office who come in Mondays and Fridays. The boss is out Mondays … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am wondering i am still on my dads medical and dental
i am wondering i am still on my dads medical and dental insurance i have both a physical and non physical disability i am wondering if there is a way where i can have his insurance for life and if so … read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
Thank you for your recent advise on how best to handle our
Thank you for your recent advise on how best to handle our disgruntled ex-employee. There are a few points that I would like clarified: To recap the basis of our original question: Our employee was th… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a California EDD situation I was in where I
Hello,I have a California EDD situation I was in where I mistakenly claimed extra benefits for 4 months. Mistakenly in the sense that I didn't understand I wasn't allowed to claim when I had a full-ti… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
We have a co-worker in the office that is always causing
We have a co-worker in the office that is always causing arguments, pushing buttons etc. I work with her just 2 days a week and the day before we're working together and that day i always have a bad h… read more
socrateaser
socrateaser
1,031 satisfied customers
I was off from a tech startup with vested shares. I signed a
I was laid off from a tech startup with vested shares. I signed a purchase agreement for the shares which was cosigned by the CEO but not witnessed. The agreement was stapled to a copy of the money or… read more
socrateaser
socrateaser
1,031 satisfied customers
Going through a edd audit. Audit questionnaire recieved. Its
Going through a edd audit. Audit questionnaire recieved. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
I was curious about constructive dismissals. There are
There are several eyewitness accounts of one major incident and documents evidencing an ongoing problem...I do not have access to those documents though. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x