Irvine Business Attorney.
The answer depends on whether the deliverer really qualifies as an independent contractor under CA law. The court will not place much weight on the fact that you and he agreed that he would be an independent contractor. The most significant factor in determining whether the status of a person performing services for another is an employee or an independent contractor is your right to control the manner and means of accomplishing the result, that is, the details of the work. If you controlled...
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No. In California, it is illegal for an employer to deduct business losses such as this from an employee's wages.
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Likely not, without additional information against Jill. However, you may be able to name the business as a defendant if Jack acted on behalf of the business when he committed the fraud, or if the business ratified his fraud upon discovering what he did. The only way you can go after Jill individually is if she participated in the fraud, or if you can prove she is the alter ego of the company.
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It could be considered Unfair Competition. California's Unfair Competition Law is pretty broad and prohibits and unfair, fraudulent, or deceptive trade practices. It may also be considered trademark infringement if they are deliberately trading off the goodwill associated with your name (i.e. deliberately attempting to create consumer confusion as to the source of the services).
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I am a business litigator in Orange County (office is in Irvine). I would be glad to assist you. My contact information is lhess@kringandchung.com, (949) 261-7700.
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Your employer must pay you your wages on the posted days, under California law. If it does not, then it is liable for paying you 30 day waiting time penalties. This is a penalty equal to one day's worth of your regular wages, multiplied by the number of days it was late in paying you your wages, up to a maximum of 30 days.
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You have potential causes of action for unfair competition, breach of contract, and fraud. Perhaps more importantly, you should look into filing an action for an injunction against the seller to prevent him from using the confusingly similar trade name and essentially stealing the goodwill of the company he sold you.
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Yes, you are entitled to receive overtime and meal and rest breaks. I recently defended a Los Angeles based tour bus company against a meal and rest break/overtime claim by a tour bus driver.
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This often happens. Employers sometimes do not want employees to stay on after giving two weeks notice if they feel they won't be productive during that time. There is nothing illegal about letting an employee go in response to their giving two weeks notice. However, it does change your eligibility to receive unemployment. Because they let you go early, it is now considered a termination rather than a quit and you qualify to receive unemployment benefits.
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You can still file an action against him if he is unemployed. The question is whether you will be able to recover anything from him if you obtain a judgment. Depending on the amount, you may want to file a small claims action against him (the amount depends on the jurisdiction, but usually available for claims $7,500 or less).
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