Legal Question in Employment Law in California

Check deduction/ no policy

Until 12/11/00 I worked/leased a Van from a company and covered there calls (radio/dispatched)I had a

company order start time and quit time.I would recive

a check from them very Monday for acount calls (for the week prior). My lease per week was 6 days at $210.00 or 5 days at $350.00 (not a type-0)There is No written contract. On this weeks check the company

charged me $350.00 lease for a 6 day work week because I (as per time log) left work 30mins early three times total one and one half hours for the week. Can they legally to that? If not what can I do?


Asked on 12/13/00, 3:20 am

1 Answer from Attorneys

Thomas Pavone Pavone & Cohen

Re: Check deduction/ no policy

It sounds like your employer has attempted to craft an independent contractor arrangement. If you are truly an independant contractor, the legality of deductions would be determined by the contract. With no written contract past practice would be used to make the determination. If you are really an employee then such a deduction would be unlawful.

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Answered on 1/03/01, 4:07 am


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