kdobermann
Junior Member
Self-Employed Wrongful Termination
I live in the State of California and have been working as a licensed self-employed landscaper, fully insured with Worker's Comp and liability for 20 years. For the last five years I have worked for a Common Interest Development Homeowners Association in the city of Novato. Each year the board has renewed my contract automatically on March 23. My contract reads very clearly that termination of the contract can only happen by either party for "irreconcilable differences" and 60 days notice must be given.
Despite the fact that my contract lapsed, I continued to work for the association for another three weeks. On April 19 I was called by a board member and told not to return to the site to perform my usual landscaping duties. On 4/20 that same board member hired two men who were not licensed, did not have Worker's Comp or personal liability insurance, to work for two days charging more money that I charge in a month.
Since I had never been notified in person or in writing that there were complaints about the work I performed, and since I continued to work for the association after the renewal date passed, I felt that my contract was now, in terms of Employment law, an "implied contract" that carried all the power and obligations of a regular contract.
I feel I should have been given 60 days notice prior to the renewal date to prepare for finding other sources of landscaping opportunities. I was told by a resident this week that the board was already considering other vendor possibilities back in January, but they never shared that information with me. That means that the board had plenty of time to let me know well in advance of their intentions, and failed to do so. I feel they were remise in their duty to notify me in a timely manner of their intentions and therefore are liable to pay me for another two months of wages. I believe that my termination was unjust and unprofessional. What say you? Are there any pro-bono lawyers who would like to see justice done? I am still sick over the way the new board acted toward me. Thanks for your help.
I live in the State of California and have been working as a licensed self-employed landscaper, fully insured with Worker's Comp and liability for 20 years. For the last five years I have worked for a Common Interest Development Homeowners Association in the city of Novato. Each year the board has renewed my contract automatically on March 23. My contract reads very clearly that termination of the contract can only happen by either party for "irreconcilable differences" and 60 days notice must be given.
Despite the fact that my contract lapsed, I continued to work for the association for another three weeks. On April 19 I was called by a board member and told not to return to the site to perform my usual landscaping duties. On 4/20 that same board member hired two men who were not licensed, did not have Worker's Comp or personal liability insurance, to work for two days charging more money that I charge in a month.
Since I had never been notified in person or in writing that there were complaints about the work I performed, and since I continued to work for the association after the renewal date passed, I felt that my contract was now, in terms of Employment law, an "implied contract" that carried all the power and obligations of a regular contract.
I feel I should have been given 60 days notice prior to the renewal date to prepare for finding other sources of landscaping opportunities. I was told by a resident this week that the board was already considering other vendor possibilities back in January, but they never shared that information with me. That means that the board had plenty of time to let me know well in advance of their intentions, and failed to do so. I feel they were remise in their duty to notify me in a timely manner of their intentions and therefore are liable to pay me for another two months of wages. I believe that my termination was unjust and unprofessional. What say you? Are there any pro-bono lawyers who would like to see justice done? I am still sick over the way the new board acted toward me. Thanks for your help.
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