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Independent Contractor-do I need a lawyer?

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dorisdvu

Junior Member
What is the name of your state?
Kentucky

Please bear with me as this is a long story.
I was the operations manager (independent contractor) for a courier service. The company mainly does courier work for banks (picking up proof work --no cash--and mail from branches contained in a locked bag). Over a year ago, a customer stated that a bag was not received from a particular branch. The driver did pick up the bag in question (along with other bags from other branches) from the branch and took it the airport to be flown to the processing center in another state. Per the driver the bag was given to the assistant supervisor (who gives all the bags to a pilot to load on a plane). The assistant supervisor stated the bag was given to the pilot. The pilot actually signs for x # of bags/boxes received. An investigation was conducted several months ago, which included the driver and asst. supv taking a polygraph. Both passed. The investigation was recently reopened due to a call made to "crimestoppers" stating that I instructed the driver to destroy the bags contents. The driver, asst. supv and myself were instructed to take a polygraph. All of us failed. A private investigator was called in to interview all of us. The driver (who has a criminal record) was interviewed first, stated he had no knowledge of the whereabouts of the bag and ended up getting mad and walking out. I was interviewed next. The investigator was convinced that I knew more than I was saying (which was I know nothing about the whereabouts of the bag). The asst supv refused to meet with the investigator and retained an attorney. All 3 of us have been "suspended". A few days after the interviews, the asst. supv. attorney turned the bag in to the bank, stating that I threatened to fire the asst supv if the bag was turned in. Since then, the driver has stated that I instructed him to destroyed the contents of the bag. I maintain that I did not know the whereabouts of the bag. It is possible that the company will pursue charges for reimbursement for the monies that the bank spent recouping the contents of the bag. Can they make me pay if all the evidence they have is hear say?Should I retain a lawyer now or wait? How long can the company keep me "suspended", since I am an independent contractor? I have not received anything in writing from the company stating I was suspended. I have asked my boss about this and he doesn't seem to know. Since I'm an independent contractor I cannot receive unemployment benefits, correct? In applying for other jobs, do I still list myself as still employed with the company? Do I say I'm suspended?
 
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Beth3

Senior Member
I maintain that I did not know the whereabouts of the bag. It is possible that the company will pursue charges for reimbursement for the monies that the bank spent recouping the contents of the bag. Should I retain a lawyer now or wait? That's up to you but if it seems likely the company will file criminal charges and/or pursue civil action for restitution, it might be a good idea to have an attorney lined up in case you need one. As it appears the "guilty" employee (the one who's lawyer finally turned in the bag) and another employee are both pointing the finger at you, it wouldn't be a bad idea.

How long can the company keep me "suspended", since I am an independent contractor? As long as they wish to. The answer would also be the same if you were an employee.

I have not received anything in writing from the company stating I was suspended. I have asked my boss about this and he doesn't seem to know. They aren't required to give you anything in writing unless you have an employment contract which states they are required to.
 

dorisdvu

Junior Member
What type of lawyer do I need? Any suggestions on how I find a reputable (but cheap--since I'm unemployed) lawyer?
 

dorisdvu

Junior Member
Beth3 said:
I maintain that I did not know the whereabouts of the bag. It is possible that the company will pursue charges for reimbursement for the monies that the bank spent recouping the contents of the bag. Should I retain a lawyer now or wait? That's up to you but if it seems likely the company will file criminal charges and/or pursue civil action for restitution, it might be a good idea to have an attorney lined up in case you need one. As it appears the "guilty" employee (the one who's lawyer finally turned in the bag) and another employee are both pointing the finger at you, it wouldn't be a bad idea.

What type of attorney do I need? How do I go about finding a reputable one?
 

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