Legal Question in Discrimination Law in California

I have worked full-time for a public hospital in CA for 26.5 years. They have called me a subcontractor and over the years taken away my vacation, in 2003. They still pay my malpractice insurance citing Govt code 825/826. The CRNA's work UNDER my medical license, they are employees. Given their benefits and shift differentials they outlearn the doctors. My contract stipulates that I answer to the CMO/Chief of Anesthesiology.I don't make my own schedules, I don't bill, I don't hire staff, I am based in the hospital, I don't work for anyone else. We asked for a raise and they are now trying to replace us with younger doctors, we are 50+. I'm not entitled to pay discrimination or age discrimination based on subcontractor status. What are the chances I'm a misclassified employee?

Asked on 4/14/14, 10:22 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Ah, but you fit into the category of 'professional' that can be properly categorized as an independent contractor. You referred to your 'contract' as such. No, the discrimination laws do not apply to IC's, only to employees.

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Answered on 4/15/14, 4:06 pm

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