1 legal question has been posted about employee benefits by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include executive compensation, erisa, and pension and profit sharing plans. All topics and other states can be accessed in the dropdowns below.
It sounds very likely that you have been misclassified as an independent contractor. As you may have heard, California has enacted legislation recently to codify the "ABC Test" - a simplified test for determining whether an individual is an employee or an independent contractor. Most gig economy companies under the ABC test fail in that regard. And certainly a determination of employee status would help here.
In addition, it could be argued that Handy is breaching its contract with you, or breaching the implied covenant of good faith and fair dealing, by changing your pay structure for jobs completed or which will be completed. These causes of action do not require you to demonstrate that you were misclassified at all.
All that being said, your question raises a number of issues which would be best served by a conversation with a licensed attorney. ...
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It sounds very likely that you have been misclassified as an independent contractor. As you may have heard, California has enacted legislation...
Read More