Employment Law

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My question is I own a beauty salon and I had 2 employees…

Hi my question is...

Hi my question is I own a beauty salon and I had 2 employees leave without any notice. do they have to give you notice according to how the get paid? meaning if they get paid weekly, is a week noticed the proper way and I can I withhold there last check

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Not as of yet but I will call DOL

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Im the owner and my employees are on 1099"s

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just if I have the right to withhold the checkoff loss of income and no notice of quiting

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Answered in 3 minutes by:
5/7/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,544
Experience: Significant experience in all areas of employment law.
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Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

If they are properly classified as 1099 independent contractors, the labor code does not apply at all. You would be obligated to pay them within whatever timeframe is specified by your contract, and if your contract does not specify, you would have to pay them within a "reasonable" amount of time, which is usually about two weeks in most cases. You could not deduct from their earnings for failing to give notice unless the ability to do so was expressly set out in your contract.

The danger you run into in situations like this is contractors can attempt to claim they are misclassified as contractors and should be employees. The labor board is extremely aggressive in investigating such claims, since contractor status can easily be abused to avoid compliance with the labor code. So, usually it is best to avoid any possibility of a misclassification claim by simply paying any final earned wages immediately.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications, and the information provided is not legal advice.

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Customer reply replied 3 months ago
thank you. so even know there considered employees, there really not. Got it. So I just moved into a new location and had to knock a wall down to accommodate them and they left the following week. I still have no recourse?

There is definitely no recourse for quitting without notice as employees and contractors can do that unless there is a contract expressly providing to the contrary.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,544
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 3 months ago
I will think about it. I just signed up for this. thank you for your help

You are very welcome, I wish you the best with this situation.

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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).

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