Legal Question in Employment Law in California

I am a "project employee" in the state of CA. My understanding is that no such employment status exists in CA - you are either an employee or an independent contractor. I was an independent contractor with a 1099, then they converted my to a "project employee" once I went to W-2 status. My understanding is that I am still a contractor, as I am still paid hourly per project, and don't receive all the benefits the employees do. The company regularly holds "employee meetings" which I, and other "project employees," are not invited to. They have offered me to become an employee, which I have declined. All of this is why I believe I am still an independent contractor. With all this said, my question is, can the company I contract with call a mandatory meeting requiring independent contractors to attend?


Asked on 7/02/13, 6:34 pm

3 Answers from Attorneys

You are an employee.

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Answered on 7/02/13, 10:12 pm
Charles Perry Law Offices of Charles R. Perry

You are correct that you must be either an "employee" or and "independent contractor."

Your understanding may not be correct as to your status, however. Not all "employees" need to be invited to a "employee meeting." If you are paid with a W-2, there are likely withholdings taken from your check -- meaning your employer is paying you as an employee. Employees can be paid hourly, and the fact that you receive benefits suggests you are indeed an employee in the mind of your employer.

A "mandatory meeting" may also mean that your employer views you as an employee. Your terms of your agreement with the person for whom you perform services will determine if you can be let go for not attending or other act (or failure to act) -- regardless of your status as an employee or a contractor. There also are insufficient facts to determine the strength of your claim that you are a contractor and not an employee -- though the acts you provide clearly suggest that the other side views you as an employee and you are accepting that treatment by allowing yourself to be paid as an employee.

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Answered on 7/02/13, 10:13 pm
John Laurie Gertz and Laurie

Your question was can an employer require an independent contractor to appear at a meeting.

I would look at it as a practical matter. If I am an independent contractor and the person who I am doing work for wants to meet and is calling it mandatory, then it is of obvious importance to them. As a independent contractor this is my customer. I would suggest that you meet reguardless. I would want to keep my customer happy.

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Answered on 7/03/13, 10:19 pm


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