Dan Chammas is an employment lawyer with considerable expertise in California employment law. He has been victorious in a number of class action suits, in which he defended many organizations against claims of discrimination, wrongful termination, unpaid wages, and much more. He has also published many articles on employment law, and frequently advises his clients on how to conduct their business lawfully. This starts with the hiring process, and adhering to legal requirements when conducting job searches and interviews.
When asking questions in an interview, it is important to consider discrimination laws and think about things from an interviewee’s perspective. There are many things that you are not allowed to take into consideration when making hiring decisions, including race, gender, religion, family status, and much more. If a topic is not relevant to the hiring process, stay away from any questions about it, or phrase the questions in a way that allows you to obtain the information that you need professionally. For example, ask if the applicant is over the age of 18 instead of directly asking how old they are to avoid being perceived as ageist.
Another extremely important thing to be aware of when discussing the job is any promises you are making. Do not make any promises unless you are absolutely sure that the company can keep them, otherwise, there may be basis for a lawsuit. It is especially important not to discuss the company’s financial future. Dan Chammas is an expert in employment law and discrimination policies in California.
As an employment lawyer, Dan Chammas frequently deals with cases regarding employee misclassification and other similar problems. One of the biggest causes of these conflicts is the misclassification of employees as independent contractors, and vice versa. Many employers are unaware or have been misinformed about the requirements for independent contractor status, which leads to these misclassifications. Although each state has different laws regarding independent contractors, in Chammas’ home state of California, it is very difficult to achieve independent contractor status.
The general definition of an independent contractor is a person who provides services to another person or business under the terms specified in a contract. They are not an employee, and only work on an as-needed basis. Therefore, independent contractors do not receive the same benefits that full employees do, which motivates many companies to wrongfully classify their employees as independent contractors to avoid having to provide these benefits.
For someone to be classified as an independent contractor, there are several requirements they must meet, although ultimately the classification is determined on a situational basis. If you instruct or supervise the worker, can fire them at any time, or work with them as a part of your regular business activities, they are likely an employee and not an independent contractor. If the worker has a separate business and is able to make their own business decisions regarding their work, they are likely an independent contractor. Independent contractors also generally do not require training, provide their own tools, and are paid an agreed amount upon completion of the project.