Let go of Internship due to new law, sign over liability?

N

Noire

Guest
Jurisdiction
California
I was interning at a retail company and I was recently told that I had to be let go because of a new law that will not allow retail interns due to liability issues. I would like to continue interning at the company and I think I can find a way since there are always loopholes.

Is it possible to sign an agreement or contract that would transfer the liability to me? I'm willing to do this in order to maintain my internship because I need the hours for University in order to graduate and I really enjoyed this internship.
Could I also argue that there was no notice of termination of the contract in order to complete my assigned hours? That way even if I am not able to intern again I can at least spend longer at the company (such as 3 weeks notice, etc).
I was hoping that I could finish my hours at this company since this law was only enacted well after I began it.

I plan on contacting the company's HR in order to discuss this issue as soon as possible.

Any advice would help, thanks.
 
At this point a polite, civil conversation HR is appropriate.
However, a job isn't a right.
Intern, employee, executive; unless you own (or a relative or good friend owns) the company you won't get past NO THANKS.
Discuss your idea, if HR will listen.
Reality is, mate, your needs don't trump the employer's needs.
 
Is it possible to sign an agreement or contract that would transfer the liability to me?

No. It isn't.

Could I also argue that there was no notice of termination of the contract in order to complete my assigned hours?

You can argue anything you want. But if there has been a law passed that would be violated by your continuing, I can't see the company agreeing to violate the law for your benefit.
 
I don't think the employer is going to want to do anything that is against the law. Sorry.
 
If it is just a matter of liability and not some specific legal imposition then I am sure that contractual liability can be transferred to you. The real question here is why any company would even want to consider doing such a thing. If you're just working as an intern and you're in college, my guess is that you don't have significant assets and not a secure risk for liability. Now if someone wants to serve as a guarantor or security for your pledge then that would probably be a prerequisite before any company would agree to such an agreement.
 
CA banned UNPAID internships, not to hurt eager college students.

CA banned them because unscrupulous employers in their greed used those eager beavers in an exploitative manner.

Unpaid internships allowed those unscrupulous employers to avoid hiring full time employees, while essentially using slave labor.

For the record, CA lawmakers initiated this measure in April of 2010!!!

http://www.nytimes.com/2010/04/10/business/10interns.html?_r=0

Paid internships are still allowed, as they should be.

Many of us took advantage of paid internships to hone our skills and put a few bucks in our bank accounts.

California Laws Regarding Unpaid Internships | EmploymentLawFirms.com

Unpaid Internships
 
Unpaid interns are not illegal in Ca. if certain requirements are met.
Unpaid Internships Are Not Uncommon—But Are They Legal? - California Lawyer
It could be OPs employer is concerned that they are not meeting the unpaid interns requirements & are concerned of any liability they might have. (though OP doesn't come right out & say he/she is unpaid)
I don't know of any law where interns are outright banned in retail in Ca. though there might be one.
Ca. companies (incl. retail) are advertising intern job openings.
 
None of which changes the fact that CA is an at-will state and, barring a contract for a specific period of time, our poster has no expectation of working beyond the last day the employer wants to have her there.
 
I was just saying I didn't see where unpaid interns were illegal/banned in Ca. I can't argue with your statement though the OP does mention a contract termination that apparently isn't up yet. However, many times when an OP says contract it isn't actually a legally binding written employment contract.
 
Some of my posts are "observations" also. :)

If the OP thinks there is a binding contract, the OP can run it by an employment or contract attorney.
 
Unless you have an actual contract, the company is not obligated to keep you on board for one minute longer. It doesn't matter what you offer to sign or how much notice you give, or how much you want to stay. If this is through school, I would speak to my advisor or internship coordinator about how to "make up" those hours or find another placement.
 

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