I am an independent contractor, my employer supervises whom I work with within the company. I am creating a health care center for the company and work on an hourly basis. The company is trying to tell me how I can do my job and how I must work through the process. In addition, they are stating I have to tell them how I do my job and create a checklist of all of the requirements for the job. Additionally, I was offered to be a manager within the created company at the conclusion of the project along with one other individual and now that we are 70% complete that is taken away and the employer has started yelling at me about how I perform my duties and is mandating what I do and how I do it. Also is mandating I teach each memeber of the company how to create a health center without me and is claiming I have to do this and share what I have learned so far. I am a 37 year old female.
Country relating to Question: United States
State (if USA): California
letters and verbal discussions. My agreemnet says I have a ten day in person cancellation of the agreement. they are also requesting copies of all documents I created while working there
Hello and welcome to JustAnswer.I'm sorry to hear about your situation and hope I can help.What question do you have regarding your situation?
Do I have to continue to work since my contract says I must give 10 day written notice? Do I have to perfrom the duties they are requesting giving up all of the documents I have on the subject regardless of whether they were created for this project and billed for or not? Do I have to now work for the next 10 days and create the checklist they are requesting which specifically states how to do my job without me?
Would you mind accepting my previous answer to your question by positively rating it before I answer this new one for you?
there was no answer
You don't have to continue to work, but if you were to leave without giving 10 days notice, you could potentially be sued for breach of contract (although that would be highly unlikely, and unless your employer also has to give you 10 days notice if you were to be terminated, the agreement would be found to be unconscionable).It depends on the agreement with your employer as to whether or not you have to give up the documents that you have on the subject.If your agreement states that anything that you created while employed is the property of your employer, then you would be required to do so, but if there is no agreement in place, you can refuse to do so.Again, you can choose to terminate your employment early, and it would be unlikely that you would be sued (and even more unlikely that a suit against you would be successful), but it is a possibility, since your contract does require that you give 10 days notice.I wish I had better news to give you, but I hope you appreciate direct and honest answers to your questions.Please let me know if you have any follow-up questions.
So I could be available for the next 10 days but not do anything they asked for? I already completed the task I was hired to complete and they have extended their requests and refused to create a new agreement
Yes, if you've already completed the tasks that you were hired to ocmplete and were contained in your original contract, then you wouldn't be required to do anything further after you give your 10 days notice.
So last question, the task is complete do I have to give up the information I created after the task was completed and they continued to pay me. So my contract was to research and create a plan for health plans. I did that and shared it and all of the research. They they asked me to help create and build the health center and would not create a new contract with me, do I have to share the information after the plan was created and accepted since our contract was complete? although they have been paying me out of contract?
You probably would be obligated to share the information after the plan was created, since your employer was paying you to do that work even though a new contract wasn't established.Your employer would have a cause of aciton for promissory estoppel (which is an implied contract if someone pays you for work) for paying you for that work if you were to refuse to share the information that you were paid for after the contract was completed.
Extensive experience representing employees and management
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