Legal Question in Employment Law in California

1099 Contract Termination

I had a 1099 contract to due service for a company in CA only. A new manager came on board and tried to make me work outside CA and also was trying to make me work a schedule that he wrote, keep detailed records of my service to be turned in weekly, tell me how many hours to work, what days to work and what locations at his discretion. When I explained my contract he terminated me immediatly based on the fact I would comply to all his demands. The contract was not terminated for poor work performance as he reviewed it the week before and said it we great. Customer accounts of my service colaberate it as well. What are my options?


Asked on 8/08/06, 4:40 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: 1099 Contract Termination

Have you been paid all money due you for services rendered? If so, any additional funds will be controlled by the terms of the contract you said you had with the company. If the contract was for a fixed term, you may be entitled to be paid for that term. The contract needs to be reviewed to provide any definitive answers.

The new manager may have crossed the line that distinguishes between independent contractor and employee, by the manner in which he tried to control you and your work. Whether this results in any additional benefits to you depends on many factors not presented by your question and too complex to address in this forum. If you believe you have a legal claim against this company, it would be prudent to meet with an employment law attorney who can review your contract and hear your whole story.

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Answered on 8/15/06, 4:15 pm


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