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We're considering filing a labor board action. The statute of limitations
is almost over. The case involves a purported independent contractor
contract, sourced by an agency on behalf of an end client. The action would
argue that the independent contractor status was in effect converted by the
end client to an employment situation and then summarily cut off in
violation of the contract's mutual notice term. (The conversion was via
directing the contractor in various ways, regarding hours, work location,
and how the work was to be conducted.) Though much time has passed, a key
document, per an attorney who initially was helping, is a memo "written"
(e-mailed) on company letterhead by the end client dictating various
employment-like requirements. The agency withheld not only the funds
covering the period for which no notice was given, but even didn't pay on
the last 3 to 5 days of on-site work, and instead offered to pay part of
that if there were an agreement not to sue.
1) Are other employers able to determine that a prospective or current
employee--or anyone--has filed a labor board action in the past? Do
employers ask in their job application forms or interviews about whether one
has filed an action? In other words, what likelihood is there of being
blacklisted due to having utilized the possible protection that filing an
action provides?
2) Might the labor board look poorly on filings that occur toward the end
of the statute of limitations? (3 years, apparently, in CA.) In this
particular case, the reason primarily is fear of blacklisting; also, an
early attempt to utilize an attorney (for a possible lawsuit, I think, not
necessarily a labor board action), fizzled due apparently to the attorney
being so busy that he eventually agreed that it'd be understandable to want
to switch to having someone else handle the case. By that point, about 4
months had gone by.
Thank you!
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