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            © Daniel B. Wolfberg
Attorney At Law
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Santa Monica, CA 90403-5664
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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. The trial court found for Gateway, and we affirm. All the undisputed facts add up to an independent contractor relationship. A single clause in the parties' letter agreement which allowed either party to terminate at will did not transform that relationship into an employment relationship. Background; Contentions Gateway provides professional services such as project management, planning and design management, inspection, and quality assurance to the construction industry. Varisco is a construction inspector and has a Class-1 Inspector certification from the California Division of the State Architect ("DSA"). In early 2004, he contacted Gateway, seeking work. Gateway then had a contract with the Los Angeles Unified School District ("LAUSD"), under which it was to provide certified project inspectors for projects then under construction. 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. Varisco provided inspection services on two Gateway - LAUSD projects. His relationship with Gateway ended in November 2004, when Gateway sent him a letter terminating the agreement, citing his refusal to sign a new contract or to provide various documents. He filed this lawsuit, bringing causes of action titled tortious termination of employment contract in violation of public policy, breach of implied contract of continued employment, and breach of the implied covenant of good faith and fair dealing. Each cause of action alleged that Varisco was Gateway's employee. Gateway moved for 3 summary judgment, contending that Varisco was an independent contractor, not an employee.