Hi
I work as an independent contractor for a homehealth company. They paid me my wages last Oct 2007 for $800. The check bounced due to insufficient funds. I contacted the company repeatedly thru phone and faxed them an invoice for $850 to include late charges.
The owner said that she assumed ownership in 2008 and does not have money to pay for the previous owner's mistakes.(Its still the same company). I dont have a copy of my contract with this company. I have a copy of my new contrct but its dated in 2008.
She just sent me a check for $150 - June 14. Should i deposit this check?
Also, how and where do i complain about this.?
Any help is greatly appreciated

I can give you part of the answer, but only part. The website referenced will give you a good discussion on the CA bad check law (http://www.co.marin.ca.us/depts/DA/main/dist/consumerpages/BadCheck.cfm). I am not sure how the new/old owner issue resolves itself, but you have a claim against someone that needs to be followed up on.

Regarding the $150 check, if it is from the new owner for work due you there is no reason to not cash it. If you have to sign something like a "quit claim" for the other claims to get the check, then maybe you need to talk to a lawyer first. And maybe you need to talk to a lawyer about the old/new owner issue.

This is as far as I can help you.

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Also, not your question, but independent contractors lack all labor law protection. Just a thought, but maybe you need to get a real job with a real employer. Or not. None of my business.

I think it's a safe bet that the OP was misclassified. It happens a lot in the homehealth and nursing fields.

Depending on the entities involved and how the new owner purchased the business she may or may not be liable for the 850.


Personally, I prefer my work as an IC better then any work I've done as an employee. I'm in a more equal bargining position, and I like the protections from my contracts better then most of the labor laws. Thankfully, I can work like that in my field.

The only drawbacks are the fringe benefits.

Thank you for your replies.
My mistake was that I didnt send them a notice by certified mail. So Im going to do that ASAP.
The bad check law states that I could could charge them penalties up to $1500 if Im not paid within 30 days of the notice. How do I take action if they dont pay. Should I contact a government agency or look for a lawyer. Im hesitant with the lawyer thing cause it might cause me more money.

If you want to pursue the penalties for bad check issuance, you're going to have to file in small claims. The DLSE (even if you WERE misclassified as an IC) doesn't handle that.