Legal Question in Employment Law in California

I started as an independent contractor on commission in new medical spa in california. the rooms initially were offered for rent after 90 days commission. after 6-7 months, when no one applied for these positions, the doctor VERBALLY made a deal with me to give me my room free of rent if I fill out the rooms; meaning bring estheticians and/or massage therapists on board as independent contractors.

it was decided later by the doctor to offer the rooms to the independent contractors on a commission base rather than rent as an incentive to retain them. He also asked each of us to get DBA for the city we currently work in.

now, after only 3 weeks, the doctor has not been consistent in many agreements and things discussed, most of the estheticians are having problems with the doctor and he's threatened us all to let us go at end of december if we don't go out and sell to bring clients. (though he hired someone specifically for the sales and marketing job).

I know I don't have a written agreement that I get the room rent-free (only verbal), but what legal rights do I have concerning this matter? can he actually let me go after I fulfilled my part of the agreement?

can he control my hours, the manner we work to get clients, my menu of services that I spent money on to get made, or how my business cards look like? can we use our DBA name on our business cards and menu of services as individual independent contractors?

thank you


Asked on 11/22/10, 6:44 pm

2 Answers from Attorneys

It sounds like you are not independent contractors at all, but rather employees. Control is one of the key things that someone who wants to hire independent contractors cannot do. By exercising control over the terms and manner of the employment, he converts the contractor into an employee. If you are not independent, you can't be an independent contractor.

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Answered on 11/28/10, 9:00 pm
Terry A. Nelson Nelson & Lawless

Without a proper written business agreement, you have the foreseeable problem of proving what the terms of the agreement were. That assums you are properly classed as an independent contract. That is not clear. If an 'at will' employee without contract, then you are simply at the whim of the employer. Either way, you should consult with or hire counsel to see if he can help straighten this out for you. If serious about doing so, feel free to contact me.

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Answered on 11/29/10, 11:56 am


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