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Case Name | Varisco v. Gateway Science and Engineering, Inc. | |
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Date | 09/15/2008 | |
Note | All the undisputed facts add up to an independent contractor relationship. | |
Citation | B200339 | |
WCC Citation | WCC 34242008 CA |
CERTIFIED FOR PUBLICATION Appellant Al Varisco sued respondent Gateway Science and Engineering for wrongful termination of employment and similar causes of action, all of which depended on the allegation that he had been Gateway's employee. Gateway moved for summary judgment on the ground that Varisco was not an employee, but an independent contractor. Gateway responded to Varisco's call, and on January 30, 2004, Varisco and Gateway signed a letter agreement in which Varisco agreed to provide "DSA Inspection Services to the Los Angeles Unified School District (Client)" and Gateway agreed to pay him an hourly rate. Gateway moved for summary judgment, contending that Varisco was an independent contractor, not an employee. On appeal, Varisco concedes that the causes of action are viable only if he was an employee, not an independent contractor.
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