Does my termination violate the notification clause of my contract?
February 25, 2011 11:12 AM Subscribe
I am currently working in the NY area for an employer that hired me a few months ago as an independent contractor. This employer just notified me that my position has been terminated (without cause) due to budgetary reasons, with termination effective in one week. According to my contract, either party is supposed to give 30 days notice prior to termination or resignation. There is no indication within the contract regarding payment in lieu of notice. Do I have any recourse or reasonable expectation of some form of compensation considering that I have been given only one week's notice?
posted by whitedoor to law & government (9 answers total)
When I initially interviewed, the position was described as a 6-month contract-to-permanent position. It hasn't been six months yet. I never received any prior notice that my contract was ending, nor was I given reason to expect that my contract was even up for discussion yet. Even if this is just the conclusion of the contract, shouldn't I have been informed with sufficient notice if there was no intent to renew? Moreover, considering that I face pending unemployment, my label as an independent contractor seems extremely fishy.
I worked within the editorial section of the web operations division of a global firm. I was hired by a contracting team (this global firm does almost all of its development through contractors), and the conditions of my employment were universal to most of the editorial staff (also hired by the contracting team) . I took the job for lack of any better options - I am not self-employed nor do I specialize in the tasks which I was eventually hired to perform, although I performed them competently and on-time. I worked on a company-provided computer with a generally expected timeframe for work hours alongside strict oversight of my work. This job was my sole source of income. Under IRS guidelines, it seems as if this is a classic case of misclassification, where the company takes advantage of vulnerable job-seekers who are afraid to report it. I am seriously considering reporting this company to the IRS and the NY State Department of Labor, regardless of my employment termination, simply because I don't support tax-dodging and I think this is exploitative behavior.
I already have interviews lined up. However, I do not want to simply walk away and let this company (both the contracting team as well as the global firm) get away with its general incompetence/intentional abuse. Please help me determine the most responsible, legal means of recourse to protect both my interests as well as any future employees who might be vulnerable. On the matter of proper notification, any recommendations for amicable settlement with the company will be appreciated. On the latter issue of employee misclassification, proper procedure recommendations (Form SS-8, etc.) are also welcome. I will likely notify the IRS regarding specifically the contracting company, but I would hope that they are also able to recognize the more general pattern of misclassification at the global firm.