My question involves labor and employment law for the state of: California
About me:
-Freelance Contract Digital Artist working in the Film Industry (post production)
-Paid Hourly and having taxes taken out of my check from the studio
-Federal Income Tax
-SS Tax
-Medicare Tax
-CA State Income Tax
-CA SUI/SDI tax
-Receives a W2
-Worked for the studio on and off the past 2 years 4-6 months breaks in between
-Just laid off due to being sick the past 2 days
So the story is starting of May I requested 2 days off for a brothers wedding which was last Thursday and Friday May 13th -14th. On coming home I must have contracted a cold since the weather was quite cold and wet.
So on Monday the 17th I called in to let my Producer know that I will not be coming in as I wasn't feeling well and wouldn't want to come in to spread any sickness with in the team of people i work with.
His reply was "You are aware there is a pending deadline we have to meet for Tuesday, your really bonning me right now!"
I replied apologetically to him that this sickness was not planned.
His reply was that he would have to find another artist to take over the shots that needed to be delivered, and ended the call with me.
The same night my Production coordinator (Producers assistant)
Gives me a call and told me that due to pending deadlines all my shots that were assigned to me were distributed to the other artists, and recommended to call in to talk to the producer to find out what my schedule would be looking like.
I tried calling a few times and was told he was not in or he was in a meeting.
I finally emailed him and CC the Production coordinator letting them know i did try calling in:
Here is the emails (names and email address are removed for privacy)
My email i sent first:
Tue, May 18, 2010 at 9:43 AM
Hey Guys,
I tried calling yall this morning to let you know that I wont be coming in today.
I am feeling a little better than yesterday but I think one more day of rest will probably be best.
If you need to get in touch with me, I will be available on my Cell.
Cheers,
Production coordinator reply:
Tue, May 18, 2010 at 10:05 AM
Thanks for the heads up (My name) !
Producers Reply:
Tue, May 18, 2010 at 7:02 PM (9 hours later)
Hi (My Name),
Hope you're feeling better today...
Given the pending delivery this week for (project 1 name), and the tight turnaround for (project 2 name), we have all of our bases covered.
Therefore I won't need you to come in tomorrow, or for the remainder of the schedule. Should we get any major notes on your shots I will be sure to call you.
Thank you for all of your hard work over the last few months, and please keep in touch and let me know what other plans you have so we know who is around for our future projects.
All the best!
Now with all of that said, Do you think this is lawful, to let go of your Artist after being sick the past 2 days?
I am not sure of the California laws for freelancers and contractors who are technically paid like an hourly rate employee. if anyone has any advice I would gladly appreciate it!
Cheers and thanks for reading,
Freelance Artist.