Login required to started new threads

Login required to post replies

A little independent contractor advise - California
Quote | Reply
So my GF goes around to various community and private pools and teaches kids to swim. This is under a contract (actually e-mail agreement) with a company that markets the 'we come to you & teach your rugrats to to swim.'
One client of her's had to cancel a session and asked to move it to the following week. My GF couldn't do it that week, so they agreed to another week later. When that rolled around, she got into a fender-bender. She attempted to contact the company to ask what to do but it was after hours, so she emailed and at some point realized she wasn't going to get an answer. So, she called the client that she wouldn't be able to make it. No idea how the client responded at that moment.
Days later, she was contacted by the company that the client complained that my GF acted unprofessional - deferring the session several times in three weeks, and then did not show. The company told my GF to not contact the client and that she behaved unprofessionally by not informing them. So, she has other clients and went ahead and did sessions. All seemed ok, until...
She went to get her paycheck and, as she expected, she wouldn't get paid for the session that never happened. But, what she didn't expect is that she was penalized (wages withheld) for the unprofessional conduct. As an independent contractor, I didn't think they could do that. She looked up in her e-mail 'contract' and it reads, "Unexcused cancellations could result in a pay fine or contract termination."
I don't think this is legal. She should be paid for work performed.
Any thoughts, ideas, steps to go forward?

Proud member of FISHTWITCH: doing a bit more than fish exercise now.
Quote Reply
Re: A little independent contractor advise - California [HalfSpeed] [ In reply to ]
Quote | Reply
I would say if she needs this job and needs to stay with this company, she has to eat some shit. If she is willing to roll the dice she can just tell them to give her the money owed or she will sue them in small claims. The risk of course is that they don't call her again for any work, gotta be willing to accept that if you take that particular road.

It really is not about what is right, but what is right for her right now in her situation...
Quote Reply
Re: A little independent contractor advise - California [HalfSpeed] [ In reply to ]
Quote | Reply
I wouldn't get too pissy over a small penalty. How much was it?
Quote Reply
Re: A little independent contractor advise - California [HalfSpeed] [ In reply to ]
Quote | Reply
If the language is in the contract she signed then move on unless she has more cash on hand than the company and the client combined. No legal action on her part will end well for her IMHO.

Sucks but there are many issues in life that suck more.
Quote Reply
Re: A little independent contractor advise - California [HalfSpeed] [ In reply to ]
Quote | Reply
Legally, I think she has a right to be upset. Practically, not worth it, especially for what seems like a one time occurrence. She should look for other employment, however.
Quote Reply
Re: A little independent contractor advise - California [HalfSpeed] [ In reply to ]
Quote | Reply
Business owner here....

Long story short, if there is an agreement, that's the end of the story. An employer can withhold wages when there is an agreement with the employee. In this case, contractor.

I see this as no different than a contractor who is penalized a daily rate when construction work isn't performed at the agreed upon time. Point being, you don't have to be an "employee" to have an agreement.

She signed it. End of story. Even if she quits, she won't see that money again. If she doesn't miss appointments, it won't happen again. So, just do that.
Quote Reply