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I worked full time as a contract physician with the county…

I worked full time...

I worked full time as a contract physician with the county government for six years. For “fiscal” reasons they terminated my contact (black woman) and kept the white male doctor whom I trained and who only worked there for 4 years. There has been a recent reinterpretation of the civil rights law allowing contractors to sue for discrimination. Are you familiar with this law?

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

No. I did not know I had the right to speak with HR since I worked as contractor.

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

Even if I am “at will” they cannot discriminate like this. Then at the end they said it was “fiscal”. Since it was fiscal tgey must explain how they chose the black doctor

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

Not a member of the union

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Customer reply replied 2 months ago
The man who sent the email terminating my services evidently had no authority to do so.
Customer reply replied 2 months ago
This man has a publicly documented history of discrimination and was fired from a major university for doing so
Answered in 17 hours by:
6/2/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,424
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. Contractors are not covered by Title VII of the Civil Rights Act, but they are protected, if the circumstances are right, by some other California state and federal laws. If you are “providing services pursuant to contract” you may be protected. See Cal. Government Code § 12940(j)(1),(4) and Fitzsimons v. California Emergency Physicians Medical Group(2012) 205 Cal. App. 4th 1423.

Remedies may also be available under California’s Unruh Act (Cal. Civil Code §51.5). And, federal statute 42 U.S.C. §1981 (“Section 1981”), prohibits racial discrimination in the formation of contracts.

Some or all of these laws may offer you protection here. As an independent contractor (and assuming you were correctly classified as such, meaning you had some control over your work, exercised your own professional judgment, provided your own equipment, could work elsewhere, etc.), you do not have the protections of an employee, but you do have the protections above from racial and possibly gender discrimination in forming contracts and your access to employment.

At this point, it may be worth consulting with a local attorney to discuss the best strategy for addressing this with the county. If the individual who purportedly notified you of the termination of your contract did not have the authority to do so, you may also want to inquire as to whether that termination is even valid; you could still be under contract.

I hope this information is helpful. If you need additional assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,424
Experience: Member at Keefer & Keefer LLC
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Customer reply replied 2 months ago
Hi. I thank you for the information. I feel more hopeful and less overwhelmed I used the equipment and computer system does this help my case?Yes I will rate you 5 stars...
Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 124
Verified
Phone call session started

If the county set your schedule, provided patients, provided equipment (including computer), had to approve time off and things like that you may be able to argue you should have been an employee and not a contractor, and that would give you even more potential laws they may apply. But even if you were properly treated as a contractor, I think the information I provided above may help you at least challenge any termination.

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