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ratioscripta
ratioscripta,
Category: California Employment Law
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I was employed as an independent contractor as the Executive

Customer Question

I was employed as an independent contractor as the Executive Director for a Chamber of Commerce. Last night at our monthly board meeting we had my review, two of the five board members rated me at a 3 level, 1 being worse and 5 being best. They used a matrix that I was given with job duties at the beginning of my employment - one year ago - for the first time in all 12 months. They advised that if I could not have completed all of the tasks, I should have notified them. After the meeting ending, the two board members asked me to stay and they advised me that they no longer needed my services. I advised them that they then owe me for 30 days, which I signed a contract when I was hired, and they now dispute that. I do not have a copy of the contract, but I can contact board members that actually hired me who know the terms of my employment. Do I have a leg to stand on given that I don't have a copy of the contract?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  ratioscripta replied 1 year ago.
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I am very sorry to hear about this situation.
1) Even though you do not have a copy of the contract, it is still binding. However, proving that it existed may be problematic if no one who has a copy is willing to provide one;
2) One is free to contact board members who have a copy and/or can confirm the terms.
3) Technically, if one can find a copy of the contract or feels that they could if they filed a suit and used legal discovery/subpoena to get a party to hand it over, one can sue for improper termination under the contract per the contract and demand the money for 30 days. Perhaps a letter from an attorney threatening this would do the trick.
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