California Employment Law

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A company offered a PR position to service their LA and NY…

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A company offered a...

A company offered a PR position to service their LA and NY agencies. The employed mentioned that this position would also be helping their TBD/soon to be launched company. Upon confirming employment, the employee sends terms to employer which includes a note that the salary requested factored work that was asked to be employed by the 1 company. Never once did the employee reply to agreed terms saying that the employees salary would be split payments- 1)the employing company and 2) the TBD new company. It was now brought up after two months of employment (Jan) that this payment arrangement will be effective. Employer requested employee sign a new W4 (not up for discussion). What are my legal rights? Since this payment arrangement wasn’t discussed/agreed prior to employment? Employee is terrified that half her salary is attached to a start upthats hasn’t been established. At any moment, it could dissolve. And being taxed twice for one position isn’t fair. Please let me know thoughts?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California employer is the hiring agency (but employee is working for his New York office and third new company in CA)

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Submitted: 6 months ago.Category: California Employment Law
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Answered in 1 hour by:
1/6/2018
California Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: California Employment Law
Satisfied Customers: 125,784
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

The employee really is not being taxed twice for one position, since with split payments the employee ultimately pays the same taxes, just they pay half with one employer and half with the other. The taxes end up being the same based on total pay.

However, you are right to be concerned that you would be paid from a start up that has not been established and is not really stable and if you did not agree initially to this pay arrangement you need to inform the company in writing that you did not agree to this pay arrangement and as such they would be in breach of contract to not pay you in accordance with the terms of your agreement. They can refuse and could terminate your employment though if you cannot come to some negotiated resolution.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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