Contract pay
I am a contract worker for an out-of-state company "A" that provides contract service for a major corporation "B".
The job offer received from "A" in 1999 defined that holiday and vacation would be paid, which was honored until about two years ago, but discontinued afterwards.
Do I have any basis to claim back pay on such holiday and vacation not paid for the past two years? Along with other contract personnel in the region, we provide to "B" the same service that is provided by their own employees, but earning about half the salary, and with no benefits pay.
If you believe I could have a basis for a claim, I would appreciate to receive the names and phones of local employment lawyers in the LA region for contacts.
Thank You
Answers (1)
yes, if you have an agreement providing for your vacation pay and holiday pay, then you can claim back pay as a breach of that contract. your claim is good for four years if you have a written employment agreement, two years if not. the labor code also protects your right to obtain back vacation pay owed at the time you leave the company. if it is a small amount of money, you can obtain payment at least of your vacation time by filing a claim with the california dept. of labor standards enforcement, in the "state" pages of your phone book.
you may also have a claim against "company b", depending on whether your contracting company truly controls your employment. "company b" may be a "joint employer".
you should consult with an attorney experienced in employment law. you can find attorneys in your area by going to the california employment lawyers assn website (www.celaweb.org). you can contact me for a free telephone consultation to see if it is worth our while to meet in person.
janet m. koehn
805-658-0655
posted by Janet M. Koehn | Jul 11, 2003 12:41 PM [EST]
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