Harassment by employer

[gaggz]

Hi, I am writing this question under a lot of desperation and asking for help. My wife has just joined a medical practice run by a PA who calls himself a Doctor. It has been inferred that some patients who come there even think that he is a "Dr", something that is highly challenged in CA that could result in legal implications on the PA. My wife is a 1099 contractor and she got this job after a long break.

The employer first wanted to employ my wife on W2, but then he kept her on same salary at 1099 instead. This showed how he did not keep his word. Thereafter, each day, he stands very close to my wife and touches her on her hands, even grabs her hand at certain occasions while trying to make a point. He micromanages, asks her to do things that are not possible to do in a very short time. He even objects to the way a stapler or stationery is kept on her table, always asking her to keep the stationery in a particular orientation and manner. Despite asking to keep distance, the employer does not listen.

Each day my wife cries when she comes back from work. She has been advised to leave the work but she is scared her resume will look bad. Each day she goes to work for sake of building her career, has even developed the office significantly in such a short time.

The medical office is in a ghetto area, furthermore such behavior is very mentally stressing her up. Please advise what we can do? Are there any organizations that can help? Should we serve a "cease and desist" letter? Apparently some websites have mentioned that independent contractor does not enjoy harassment protection through workplace laws that are enforced. We are very desperate and I fear overall safety of my spouse. Please help.

What is the name of your state (only U.S. law)? California

 

[Ohiogal]

Hi, I am writing this question under a lot of desperation and asking for help. My wife has just joined a medical practice run by a PA who calls himself a Doctor. It has been inferred that some patients who come there even think that he is a "Dr", something that is highly challenged in CA that could result in legal implications on the PA. My wife is a 1099 contractor and she got this job after a long break.

The employer first wanted to employ my wife on W2, but then he kept her on same salary at 1099 instead. This showed how he did not keep his word. Thereafter, each day, he stands very close to my wife and touches her on her hands, even grabs her hand at certain occasions while trying to make a point. He micromanages, asks her to do things that are not possible to do in a very short time. He even objects to the way a stapler or stationery is kept on her table, always asking her to keep the stationery in a particular orientation and manner. Despite asking to keep distance, the employer does not listen.

Each day my wife cries when she comes back from work. She has been advised to leave the work but she is scared her resume will look bad. Each day she goes to work for sake of building her career, has even developed the office significantly in such a short time.

The medical office is in a ghetto area, furthermore such behavior is very mentally stressing her up. Please advise what we can do? Are there any organizations that can help? Should we serve a "cease and desist" letter? Apparently some websites have mentioned that independent contractor does not enjoy harassment protection through workplace laws that are enforced. We are very desperate and I fear overall safety of my spouse. Please help.

What is the name of your state (only U.S. law)? California

She needs to leave the job. She also needs to contact the medical licensing board and report her boss. Then she should contact the Department of Labor and report that she is on a 1099. But she needs to leave the job. And seriously -- "ghetto area"? That has NOTHING to do with any of this. Try not to show your prejudice.

 

[commentator]

She does not have a job. She is working misclassified as a contractor. Which she isn't. A contractor is not someone who can be micromanaged by a jerk as you describe. She will owe taxes at the end of the year. She needs to leave this arrangement. Right away. Crying at the end of the day? Oh come on, you're forcing her to keep working there, aren't you? The employer is deliberately bullying her and paying her illegally and improperly anyway. It's in a bad part of town, as you point out, and would be a stressful job even if it were a valid job. Why should she allow herself to be tormented illegally? Next, her pay checks will probably start bouncing. Is she going to hang on through this too?

Forget her "resume." This is not going to be a good reference, and is not going to end well. Even though she may have limited past experience, working here isn't enough of a valid work experience to help her much. Especially when she is having trouble with the boss, he's not going to give her a good reference in the future.
Incidentally, when she quits, she should go on and apply for unemployment, though it very likely will not be a possibility. If she just begun working there, and hadn't worked in the recent past, then there very likely will be no wages to set up a claim for her, thus no unemployment. But they need to KNOW that she is being misclassified, as the employer should be setting up his employees on a payroll and having unemployment and other taxes taken out on their behalf. If he's not, they'll investigate.