Legal Question in Employment Law in California

Being sued by a non-employee

I have a start-up company. I do not have any employees and never had. Friends and associates have donated time to the cause. One of which is claiming they were an employee and now demanding back pay. I have to appear at a hearing over the matter, what course of action do you suggest?


Asked on 4/26/07, 11:51 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Being sued by a non-employee

The obvious answer: get counsel that knows how to defend you. You'll need evidence to prove your allegations; documents, witnesses, etc. Feel free to contact me if interested in doing it right. If one person wins against you, others may follow suit.

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Answered on 4/27/07, 4:11 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Being sued by a non-employee

Without more facts, there is no way to respond to your inquiry. Your situation may not be a clear as you may think. If your "friends and associates" provided you with labor, labeling the time spent on your behalf may not be viewed as a donation by the Labor Commissioner, or the Employment Development Department, as all labor must be compensated with very limited exceptions.

You clearly need to retain counsel to both explain to you how labor laws work and to represent you at the upcoming hearing where you may not only be subjected to back wages but also serious penalties, as well. You should start looking for a labor law attorney in your area immediately.

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Answered on 4/27/07, 1:56 pm


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