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  1. #1
    Join Date
    Dec 2010
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    9

    Default Independent Contractor Notice of Termination

    My question involves independent contractors in the state of: California

    I am an Office Mgr & signed an ICA stating either party must give 30 days notice.

    In early Dec I was told by the Operations Director that my role as Operations Admin would end @ the end of the year; that they were looking for a better fit. I then asked my boss/CEO twice after that to give me an exact date & she said she didn't know yet. So I sent an email stating since the Director told me end of year, that I would consider that my last day. Now she is fight me & insisting I stay longer. The Director says she did not say that, which is a blatant lie.

    My boss is an abusive and vile woman. She told me the job would be 6-hours/day & she insists I stay longer every day. The job is making me literally mentally and physically ill. What should I do now? I want to make sure I get paid for Dec.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,914

    Default Re: Independent Contractor Notice of Termination

    does your contract state the notice must be in writing?

  3. #3
    Join Date
    Dec 2010
    Posts
    9

    Default Re: Independent Contractor Notice of Termination

    good question; I don't have the ICA stored at home but I do have the Statement of Work that states:

    "This agreement will remain effective for 12 months with a 30-day cancellation notice by
    either party as covered under the executed Independent Contractor Agreement between
    Contractor and ****"

  4. #4
    Join Date
    Jan 2006
    Posts
    27,914

    Default Re: Independent Contractor Notice of Termination

    so, when did you sign it? It is self terminating at the end of that 12 month period unless there is some automatic extension you would be done.

    The other problem is: if either party is required to provide at least 30 days notice, unless you got notification prior to December 2, you would not have 30 days notice if it was terminated effective Dec 31. I don't know what any penalty would be for terminating with less than 30 days notice.

    It it was me and I wanted to leave, I would give them a written notice tomorrow giving them 30 days notice. Then, if your contract allowed for taking time off for any particular reason, I would see if I could fit that into the remaining 30 days in an effort to actually be at work any more than absolutely necessary.

    Unless your contract demands you be there more than 6 hours a day, I would only be there 6 hours a day. You need to read your contract and determine just what it requires of you. Then, fulfill the terms of the contract. Unless something in the contract allowed the boss to demand you be there more than 6 hours/day, you do not have to be there more than 6 hours/day.

    so, to be assured you get paid for December; fulfill the requirements of your contract.

  5. #5
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Independent Contractor Notice of Termination

    And the even bigger elephant in this room is that you almost certainly didn't qualify for IC status in the first place. Take the agreement to an employment attorney. It's slightly possible that the agreement could be considered unenforceable, since the whole premise of IC status was a violation of law in the first place.

  6. #6

    Default Re: Independent Contractor Notice of Termination

    PattyPA that was my thought. The OP, by their own writing, clearly is not an independent contractor.

  7. #7
    Join Date
    Dec 2010
    Posts
    9

    Default Re: Independent Contractor Notice of Termination

    Good Morning.

    I signed this ICA 9/1/10. I looked back at some emails & the Director gave me the news right before Thanksgiving so it will be more than 30 days. I am positive she said 'end of year' but then when the evil boss confronted her, she changed her tune. I don't know why, she also gave her notice & she started AFTER me; she is also unhappy there.

    I don't know if I can afford an attorney right now. You mentioned I may not be an actual IC, maybe the Cal Dept of Labor can assist me then.

    Thank you all for your responses. This IC thing is all new to me.

  8. #8
    Join Date
    Dec 2009
    Location
    not here
    Posts
    1,423

    Default Re: Independent Contractor Notice of Termination

    You have been misclassified as an IC, which means this ICA you signed is null and void. The place to go for help is the CA DLSE.

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