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  • ms.mmmore
    started a topic Terminated?? California

    Terminated?? California

    Hello,

    I have worked for a medical office for over 5 years as an editor. I have also worked as a historian for the same office as an independent contractor. On August 28, 2008, the owner of the company called me and told me that I would no longer be working as the editor or an employee for the company. He was sending my work out to an independent contractor. However, he indicated that I could continue working as an independed contractor taking histories. The historian position took a great deal of time and I was able to do much of my work, like calling and scheduling during my working hours. I was paid per history for the histories I took while off the clock. He said that I would continue to to make the same amount of money per history which would be an incredible amount of work for very little pay. I declined to take the Historian job as an independent contractor because I would have to be on call and it would interfere with my finding employment, as well as an incredible amount of work for very little pay.

    Evidently, he planned this as there were two historians immediately hired. One of whom he had already contacted prior to my termination.

    I overheard the manager of the office state once that they never pay unemployment benefits and that the method used is to make the employee miserable until they walk out.

    I sent my employer an e-mail requesting my pay and some documentation of what the facts of the situation were. He responded by thanking me for all of my hard work and indicating that he was disappointed that I had made the decision to no longer work for them. He did not indicate at all that he terminated me. There is nothing in writing and he is not responding.

    I am very concerned that he will attempt to keep me from receiving unemployment benefits. I hope very much that I will not have to use them, but must be realistic and make sure I am able to survive if it takes longer than I anticipate to obtain a new job.

    Could my unemployment benefits be denied based on my not taking the historian position as an independent contractor for far less money than I was earning for the same job prior to my termination from my regular position?

    In addition, I have not been paid yet. I mentioned this in an e-mail to the owner of the company. I received a call from the manager of the office I was working in and she told me that I must come into the office and pick up my check. It is not ready yet though.

    Thank you.

  • ms.mmmore
    replied
    Terminated??

    Hello, I have logged on to the websites you provided and it appears that these will answer my questions.

    Thank you.

    Leave a comment:


  • ms.mmmore
    replied
    Interesting

    Hello,

    Thank you for your response. I did file for unemployment benefits. It appears as though it takes 10 days or so for a claim to be processed. This is a new experience for me.

    I am curious to know exactly what you mean when you say that the "chances that any of these workers is/was legimately an independant contract is slim and none."

    Thank you.

    Leave a comment:


  • DAW
    replied
    You have two different issues here:
    - Regarding UI, make the filing. You get to tell your story, the employer gets to tell theirs and the state get to make the decision. Some one on this website can toss a coin and tell you what they think the state will say, but it is a guess. My advise for whatever it is worth is to just tell the truth and see what happens.
    - Past that, based on what you have said, the chances that any of these workers is/was legimately an independant contract is slim and none.
    http://www.dol.gov/esa/whd/regs/compliance/whdfs13.pdf
    http://www.irs.gov/businesses/small/...=99921,00.html
    http://payroll-taxes.com/articles/em...ontractor.html

    Leave a comment:

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