Wrongful Termination? Maybe

[alcoello]

What is the name of your state (only U.S. law)? Texas

I work for a Non-Profit (foreign exchange program - Cu***** Hom****** Int******) they pay me $1000.00 per month, regularly and my job is to place 10 students (i placed 12, went over my contract)
I also work for another Non-Profit (foreign exchange program (Edu***** T***** &Cu****) they pay me $2500.00 per month, regularly and my job is to place 15 students (i placed 18, went over my contract)

So I work for both to supplement my income, as a 1099 contractor.

I work 7 days a week, 24 hours a day. Many many times I am working on Sunday, working at 1am in the morning . . .I was working WHILE i was in labor and worked the day after having a baby. We are expected to be available 24/7

C** called E** last night and asked for an "off the record" conversation and verified if I was working for E**. I get a call this morning saying I have been terminated from both companies for working with each of them. Now, last time I checked I as NOT an employee. I still get a 1099.

They control the tools I use
They control the process I work
They do not control the time (however I am expected to be available 24/7 for my kids)
I turn in expenses - printer ink, marketing material, paper
I also hired someone to help me, and they threatened to fire me saying they hired ME not someone else. I also had my husband helping me during a very busy season and they scolded me and told me he was not allowed to help me.

They do this in this industry allll the time and I am so sick of it. They try to control you and not let you provide a service to their "competitor" (they are a non profit so there shouldn't be competitors). They want to pay me $1000.00 and tell me I can't work for anyone else, but be available 24/7. They call us independent contractors and then control everything we do and way underpay us.

I have dedicated my life to non profit work, and have now lost $3500.00 in this economy. I know I should just walk away, but I feel it is an injustice because they are GREATLY benefitting from all the work I did this summer and have not been paid for yet. My first pay check was October 1st. I feel they should not be allowed to abuse their rights in this way, they know moms want to stay at home and they will take lower paying jobs to do so and then they exploit them.

can I at least recoup the work I did that they haven't paid me for. They are acting like I am having an "affair" on them, lol

 

[swalsh411]

Since you are not an employee you are not protected by employment laws (and even if you were, this would not be wrongful termination). They have ended their business relationship with you. Unless you have a enforeceable contract saying they cannot do this, or must give a certain amount of notice, there is nothing you can do.

You can sue them for the work you performed if they do not pay you.

edit: Frankly the entire arrangement here that you're involved in seems shady.

 

[alcoello]

Wording from Contract

It does seem shady
They are ending my business relationship based on "I am providing services for a competitor"

They are contracted by the Dept of State and we are regulated by DOS.

Here is the wording in THEIR OWN contract

2.06.1. Contractor acknowledges and agrees that all information regarding the foreign schools’ identities and addresses, foreign agencies' names and addresses, as well as the students' names and addresses constitutes proprietary trade secrets and confidential information ("Confidential Information") of Client. Contractor acknowledges and agrees that Client's business is dependent upon Client's Confidential Information, and Contractor therefore agrees that Contractor will not at any time, either during or after the time Contractor is providing services to Client under this Agreement, make any independent use of or disclose to any other person or organization, except as authorized by Client in writing, any of Client's Confidential Information. In the event of a breach or threatened breach of this section by Contractor, Client will be entitled to an injunction restraining Contractor from using or disclosing, in whole or in part, any of Client's Confidential Information, in addition to any other relief to which Client may be entitled. Contractor further agrees to reimburse Client for any expenses of any nature, including but not limited to attorney fees and costs incurred by Client in protecting its proprietary interests in such Confidential Information to the extent they have been or are threatened to be infringed upon or violated by Contractor or Contractor's employees or agents. Contractor acknowledges that any unauthorized use or disclosure of Client's Confidential Information constitutes a material breach of this Agreement, and will justify immediate termination of this Agreement by Client, and will, at Client's election, discharge Client for any further performance under this Agreement.

2.06.2. "Contractor may perform services for others during the term of this Agreement, provided that Contractor does not violate paragraph 2.06.1, above, or any other provision of this Agreement. If any action or other proceeding is commenced by either party arising out of Contractor's alleged use or disclosure of Client's Confidential Information in violation of paragraph 2.06.1, contractor will have the burden to prove by a preponderance of evidence that Contractor has not used or disclosed such information."

 

[Antigone*]

It does seem shady
They are ending my business relationship based on "I am providing services for a competitor"

They are contracted by the Dept of State and we are regulated by DOS.

Here is the wording in THEIR OWN contract

2.06.1. Contractor acknowledges and agrees that all information regarding the foreign schools’ identities and addresses, foreign agencies' names and addresses, as well as the students' names and addresses constitutes proprietary trade secrets and confidential information ("Confidential Information") of Client. Contractor acknowledges and agrees that Client's business is dependent upon Client's Confidential Information, and Contractor therefore agrees that Contractor will not at any time, either during or after the time Contractor is providing services to Client under this Agreement, make any independent use of or disclose to any other person or organization, except as authorized by Client in writing, any of Client's Confidential Information. In the event of a breach or threatened breach of this section by Contractor, Client will be entitled to an injunction restraining Contractor from using or disclosing, in whole or in part, any of Client's Confidential Information, in addition to any other relief to which Client may be entitled. Contractor further agrees to reimburse Client for any expenses of any nature, including but not limited to attorney fees and costs incurred by Client in protecting its proprietary interests in such Confidential Information to the extent they have been or are threatened to be infringed upon or violated by Contractor or Contractor's employees or agents. Contractor acknowledges that any unauthorized use or disclosure of Client's Confidential Information constitutes a material breach of this Agreement, and will justify immediate termination of this Agreement by Client, and will, at Client's election, discharge Client for any further performance under this Agreement.

2.06.2. "Contractor may perform services for others during the term of this Agreement, provided that Contractor does not violate paragraph 2.06.1, above, or any other provision of this Agreement. If any action or other proceeding is commenced by either party arising out of Contractor's alleged use or disclosure of Client's Confidential Information in violation of paragraph 2.06.1, contractor will have the burden to prove by a preponderance of evidence that Contractor has not used or disclosed such information."

Still does not mean you were wrongfully terminated.

 

[pattytx]

It's not a wrongful termination but it's possibly a breach of contract if you did not violate the terms you bolded. Seek local counsel.

 

[alcoello]

Thank you guys so much

I spoke to a labor law atty, not wrongful termination, but could possibly be misclassification and one party intefered with my contract with another party.

Also by one contract calling another broke their own disclosure clause, and violated my right to work for another organization.

After I wrote this, (E** told me last night C** called the owner of the org, C** doesn't know I know they know) So today they sent an email asking me for all my documentation for my territory because my area has been pulled for audit (this is Dept of State terminology) so I called DOS to confirm this is true . . it wasn't. So seeing which angle they were going to try to play this. I confronted them on it. They said "oh no i meant it was an INTERNAL audit" which they have NEVER had before. In all the years I have worked for them AND my 11 years in the industry, NOBODY has ever had their documentation complete by the dates asked. it has always been a GOAL but never a hard and fast rule. Now, all the sudden its a RULE. However, my peers do not have all their docs in either (we never do because it is impossible to get the schools, families and students to perform timely. Never been an issue. Now its an issue for me and me alone.

Fire me for anything, but not what you have allowed for 11 years from me and others AND what your own contract states.