Classification of Workers: Misclassified Contract in a Foreign Country with a Foreign National

dimanche 14 septembre 2014

My question involves independent contractors in the state of: CA



Hi guys this has a couple of parts but to keep it brief, i am an australian national contracted to an american company from CA operating in China

i was originally contracted to provide a service once here that service was no longer required and i was asked to perform another, i had requested review and to renegotiate my contract as the service had changed but it was ignored.



I have been misclassified as an independent contractor yet the relationship is overwhelmingly employee based on control and other factors. and being threatened with a breach on my original contract.



now my questions are:



1) As my service of the original contract where no longer needed and further conditions for the new service never agreed does this superseded the end date and allow me to terminate?



2) As a foreign national in a foreign country does the misclassification law of CA apply and am i again free to terminate?



thanks in advance





Classification of Workers: Misclassified Contract in a Foreign Country with a Foreign National

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