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X Employer Holding $ (Employment & Labor Law)

Mon, 25 Mar 2002 00:17:00 GMT

I was working as a So called Independent contractor in LA for a Car Detail company, Working at a shop I was getting 20% of the jobs we did then Dan who is the owners brother and running the shop asked me if I wanted 40% but I had to pay for Alfonso's hours he was the other guy who worked with me. I said Ok not knowing if that was really legal for me to have to pay for his hours. So it was just Alfonso & I at the shop, And one day last week he moved a car and scratched the front bumper. He does not have a Lic and is not allowned to drive the cars. I told him not to move the car but he did. So he is saying that he never moved the car and not the $$ for the bumper is coming out of my check. Dave the owner says since Alfonso is getting paid by the hour he can't take any money out of his check. Alfonso is also a Independent Contractor from what the owner says. Secondly there are clients who have not paid for there car washes and Details yet so Dave the owner is also taking that money out of my check. Iam not incharge of collecting money for the company if the people are in there office they pay or they are one account. Most of the time they will bring us the money or if wee do there car again they will pay. All of the clients were with the company before I started its not like I have my own clients, Iam also given a time to be at the shop so I can make it to pick up cars and a shirt + all of the cleaning products. Is this legal for them to take my money for work I have done. Dave the owner says that since I was already paid for the jobs and the people have not paid him that it the reason & Since Alfonso gets paid by the hour he can't take any money from him. When we get paid the owner will write Dan his brother a check and Dan would pay Alfonso cash and write me a personal check - Alfonso's hours.
Is this all legal? My check is going to be - 40% of the bumper and - $$ there clients have not paid...

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