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Independent Contractor Agreement/Fired

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cleima

Junior Member
What is the name of your state? CA

As an independent contractor, I signed a 90 day trial period agreement before being hired as an employee. I was fired on day 87, and was told that due to the statement in the agreement "..we will do our best to give you at least two weeks notice if we do not believe an employment relationship will be in the best interest of the Firm", is an at will statement and the employer can terminate the agreement at any time before the 90 days is completed.

I am trying to collect the 3 days of the remaining contract, am I entitled? If so, who and how do I claim the 3 days not paid?

Thanks for any helpWhat is the name of your state?
 


eerelations

Senior Member
As an independent contractor, you are not covered by employment law.

That said, the statement that the employer "will do its best to give you two weeks' notice" does not in any way bind it to giving you two weeks' notice. If you were to sue the employer for three days' pay based on this statement, you would lose.

Based on the information you've provided, I don't see that you have any legal recourse for getting the three days' pay.
 

tranquility

Senior Member
One of the differences between an employee and an independent contractor is the ability to fire. If you had a contract for 90 days and were fired without you breaching the contract in some way, the other party is in breach. I'd send a letter to the employer stating this. Tell them that if they feel they can fire you, you will have to assume you were an employee and not an independent contractor and will file a grievance with the appropriate agency in the state.
 

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