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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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I had a claim filed against me for wages in ca by a

Customer Question

I had a claim filed against me for wages in ca by a disgruntled independent contractor who quit. We are settling out of court. What document so I need to have him sign to submit to the Dept of labor.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need to type up an agreement that states, "Your name and His name, now agree that in exchange for valuable consideration which they both acknowledge hereby voluntarily agree without any admission of liability to settle any and all claims, know or unknown at the time of this agreement. In exchange for good and valuable consideration paid by your name to his name, his name agrees to withdraw and forever dismiss any claims against you with any state or federal agency and waives any claims that may or may not have been brought in any court in the United States against you for any claims arising out of your engagement with him as an independent contractor."

Customer: replied 1 year ago.
The dept of labor is trying to say he was an employee and not an independent contractor. Should the verbiage change at all or does the term independent contractor in the release leave a door open for a further cause of action
Customer: replied 1 year ago.
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Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You need to leave it saying independent contractor and you say without admission of liability.