After being abruptly terminated by Verdant Strategies and labeled an “independent contractor,” I took a hard look at how I was treated — and realized something wasn’t right.
Like many freelancers and creatives in California, I found myself doing employee-level work under the title of “contractor” — with none of the protections employees are legally entitled to.
Now I’m pursuing justice.
And in this blog post, I’ll walk you through my step-by-step legal strategy to get properly classified and compensated — without being forced into private arbitration.
Follow my potential independent contractor misclassification case study where I document my ongoing dispute with a California cannabis accountant doing business as Verdant Strategies powering 420 CPA.
Step 1: Establishing That I Was Misclassified
My first priority is to get the State of California to recognize that I was misclassified.
Under California law (especially the ABC test from AB5), most workers are presumed to be employees unless the company can prove:
- A) I was free from their control
- B) I was doing work outside the usual course of their business
- C) I ran an independent business doing the same type of work
Step 2: Filing a Small Claims Lawsuit for Damages
After the state recognizes me as an employee, I’ll file a small claims lawsuit in California for.
- Unpaid wages and back pay
- Loss of income from early termination of my contract
- Business expenses I should have been reimbursed for
- Penalties for willful misclassification under California Labor Code § 226.8
California small claims court allows claims up to $12,500 (as of 2024), and no attorney is needed.
It’s the perfect venue for this kind of dispute — fast, affordable, and public.
Why Verdant’s Mediation/Arbitration Clause Won’t Apply To Misclassified Independent Contractors
Verdant’s contract included a mediation and arbitration clause, which they might try to use to keep the dispute out of court.
But here’s the key:
Arbitration clauses are often unenforceable in employee wage disputes in California.
Under Labor Code § 432.6, employers cannot require employees to waive their right to take legal action or pursue claims through the Labor Commissioner.
Courts have also consistently found that arbitration agreements can’t override statutory wage rights, especially when there’s evidence of misclassification.
So even if Verdant tries to push me into private mediation/arbitration, they likely won’t succeed — because I was never truly a contractor in the first place.
My Tools and Evidence
Here’s what I’ve assembled as part of my legal toolkit:
- My contract with Verdant Strategies
- Invoices and payment records
- Emails and messages showing CEO control over my work
- Submitted content calendars that were ignored or blocked
- Termination notice citing performance, despite CEO halting my work
- Legal references from the Labor Code, AB5, and DLSE resources
This isn’t just a dispute — it’s a clear example of how misclassification harms workers.
And I intend to set the record straight.
Why I’m Sharing This
Too many freelancers and contractors are exploited by companies who misclassify them — whether intentionally or out of ignorance.
By sharing my story and strategy, I hope to empower others to.
- Know their rights
- Fight for proper classification
- Demand what they’re owed
- Refuse to be silenced by shady contract clauses
Final Thoughts
Misclassification isn’t just a paperwork issue — it’s wage theft.
If you’ve been doing employee-level work under the title of “contractor,” you may be entitled to back pay, benefits, and justice.
I’m starting with state action, then heading to small claims. I’m skipping arbitration. And I’m not backing down.
If you think you’ve been misclassified too, speak up. Your work matters — and so do your rights.
