California Employment Law

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I am considered a contract woker for a family agency. The…

Customer Question
I am considered a contract...
I am considered a contract woker for a foster family agency. The agency wants to us to sign a new contract but I have concerns with this next section. Could you please tell me if this is legal. Method of Billing. Consultant may submit invoices to KNOTTS FAMILY AGENCY for approval on the last work day of each month. Said invoice shall describe the services performed and the associated time for completion. Payment is made according to the following schedule:1. All reports and documentation must be submitted by 11:59pm on the 30th of every month. There will be three (3) days of grace period.
2. For submitting timely reports and ensuring client and parent files are current, Consultant will receive an additional $50 for each home assigned.
3. If reports and documentation are not in by 11:59pm on the 3rd of the months, Consultant will automatically have to wait until the following month to receive his/her payment. For example, August reports that are not submitted by September 3, will NOT be paid on are about September 20, even if submitted during the month, but will have to wait until on or about October 20.
4. For every day of delay after the 3rd of the month, invoice is reduced by 2.5%. For example, if reports or documentation are submitted on the 10th, the invoice is reduced by 17.5% (7 days x 2.5%).
5. If there is second incident of tardy reports (i.e. submission after the 3rd of the month), one (1) home will be reassigned to another ASW, regardless of number of clients in that home, in addition to the reduction in percent based on days tardy. If the Consultant only has one home, then unfortunately, they are in breach of contract and the contract will be terminated.
6. If there is a third incident of tardy reports (submission after the 3rd), the contract will be terminated and all cases reassigned.
Especially section's 3 and 4 . Thank you
Submitted: 9 months ago.Category: California Employment Law
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Answered in 32 minutes by:
9/22/2017
California Employment Lawyer: Attorney2, Attorney replied 9 months ago
Attorney2
Attorney2, Attorney
Category: California Employment Law
Satisfied Customers: 8,699
Experience: 30 Years In General Practice,
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you. We are a general information site. I would be happy to take a look the agreement for you.

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California Employment Lawyer: Attorney2, Attorney replied 9 months ago

I can certainly understand your concerns.

As far as your first concern this is not unusual. I realize it is very restrictive. Submitting reports is generally very restrictive as far as time limits. I am more disturbed by other paragraphs that you highlighted. Let me provide the paragraphs for you. One moment please.

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California Employment Lawyer: Attorney2, Attorney replied 9 months ago

The non compete is extremely broad and the penalties for a breach are severe.

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Customer reply replied 9 months ago
Thank You, ***** ***** concerned about them wanting to hold our paycheck for a whole month and then deducting from it if the reports are late. Is that legal? I agree with the non compete being to broad. Should I ask them to make it more specific or to give me more detail?
California Employment Lawyer: Attorney2, Attorney replied 9 months ago

I would absolutely try to negotiate a better contract. I agree holding the paycheck for that long is not helpful, however, it is not illegal.

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California Employment Lawyer: Attorney2, Attorney replied 9 months ago

I can provide a link for Attorneys in your area that provide FREE consultations that could assist you with the negotiations. Where are you located?

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California Employment Lawyer: Attorney2, Attorney replied 9 months ago

Did you want your attachment removed?

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You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

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California Employment Lawyer: Attorney2, Attorney replied 9 months ago

I wanted to follow up with you to see if you have any additional questions for me? Do you want the attachment removed?

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California Employment Lawyer: Attorney2, Attorney replied 8 months ago

Are you still online with me?

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