My question involves independent contractors in the state of: California
I was an Independent Contractor for a home improvement company. (I resigned in what I thought a very amicable way on 12-1-11.)
1. I am fairly sure that I would win a suit that I am misclassified. However, other independent contractors (the other sales staff) are happy as Independent Contractors and would prefer I not rock that boat, especially since I no longer work there.
2. The employer held ALL commissions (close to $10k) that were payable to me. (They even held the check that was already issued for me on 12-2-11!)
3. Now they want to "settle" for an amount that is substantially less than what is owed to me.
It has been almost 3 months and I am hurtin' for cash. The employer is demanding that I sign a waiver stating that it is final payment of wages and I won't bring any suit against them in the future. I could really use the check they want to give me but don't want to sign away my rights. The only way I will recover any amounts is by going forward with the misclassification suit.
My questions is if I accept a partial payment, sign the waiver does that mean I cannot file a misclassification suit?