Legal Question in Employment Law in California

Employment Discrimination 3rd Party Recovery

Myself and 2 more employees are employed at a hospital as employees that recieve full time benefits. However, we are constantly told we are considered outside Vendors (like an outsourced agency.) Which by doing so really interferes with our work. We provide all that we can upfront with all information they request & they have full access too every file. Then they come back and say it is not sufficient and need more, as we are ''vendors'' to them but everything is in writing of what is documented & more info is provided than a one lined report that they receive from the real outside agencies. Everything is much more accessible to the Financial Director, as we are internal and every case we work is noted and kept internally. We are hired internal employees, do we have rights to demand more pay if we are considered Vendors,(like and outside billing/collection agency) Is that legal to be hired employees and treated as Vendors? Doesn't that infringe on some labor law,licensing, discrimination ? Please help. P.s.

We have asked for the last 2 years for them to make a decision of what or ''who'' we are to no avail to this date.

Asked on 12/19/05, 1:45 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Employment Discrimination 3rd Party Recovery

It is difficult for a company to validly categorize someone as contractor, especially when the company pays 'full time benefits' to you. Contractor status requires you actually be independent in clearly defined roles, and it doesn't sound like you qualify. If they are paying your benefits and salary directly, then your complaint and claim is to straighten the situation out and stop the 'harassment'. You should probably consult with and hire an attorney to help you do so. Contact me if interested.

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Answered on 12/29/05, 4:28 pm

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