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Do I have a case?
I was working and living at a place when a well known non-profit organization purchased the building. They kept the employees that they wanted and gave us a contract for one year as independant contractors even though there was nothing independant about our working for them. They controlled every aspect. In the contract it states that early termination would be at their sole discretion, upon 30 day prior written notice. At some point they decided to offer us employment as regular employees. I received a offer of employment which stated that it was not to be construed as a contract of employment until several compliance requirements were completed. I never did any of the requirements. They came in after a month and a half and stated that all of our positions were eliminated. Had last checks at that time, except mine was not correct and I was given a copy of my exit interview paper stating they owed me money. This was in June 2018, and I still have not received it. Also, in my offer of employment it stated I would be paid at a certain rate but was not. I was told by my supervisor that it would be corrected on my last check, but was not. Since there was no 30 day written notice as per my contract for early termination and I did not complete any of the required compliances for regular employment is my contract still good? Do I have a case?
Asked on October 8, 2018 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you were not paid for all work done, you can sue for it: whether contractor or employee, someone must be paid for work they in fact did. Further, they have to pay you at the rate you agreed to work (assuming you can prove in court that, and not some other rate, was what was mutually agreed between you and the employer). Based on what you write, you can certainly sue them for your last paycheck and possibly for any short pay, where they paid you less than agreed. If he total amount is less than your state's "small claims" limit, suing in small claims, as your own attorney or "pro se," is a cost effective and relatively fast option.
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