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Attorney2020
Attorney2020, Lawyer.
Category: California Employment Law
Satisfied Customers: 2578
Experience:  I have significant experience in employment law.
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I have been working asa freelance employee with a company

Customer Question

I have been working asa freelance employee with a company for 10 yrs. They made come in everyday. They never gave me a written contract even though I asked. I have received raises and bump in job titles. My last verbal contract was a bi-weekly rate and 3 weeks Paid Time Off and a new job title. I was let go on Monday, was told to pack up and leave that day. No warning, no severance etc. Can they do this? I only used 1 week of my paid time off so far this year. Do they have to pay out the rest? Do they have to fulfill my contract until the end of the year? Do they need o give me a certain amount of notice?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Attorney2020 replied 1 year ago.

(1) You are entitled the unused portion of your paid time off.

(2) Was your contract a term contract? If so, the contract must be fulfilled unless you breached the contract. If not, then no.

(3) No notice unless otherwise stated by contract.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Did you get rest breaks for 10 minutes every 4 hours of work?

Did you receive uninterrupted 30 unpaid meal breaks every 5 and a half hours?

Were you classified as an independent contractor?

Were you provided with a accurate and itemized paystub? See link to 226 (a) http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=226.

Customer: replied 1 year ago.
2- My contract had no specific parameters. It was a bi-weekly rate and 3wks Paid Time Off/year. This agreement was made in February 2014. Because more than 1 year has passed does it mean the contract automatically renews itself?
Expert:  Attorney2020 replied 1 year ago.

No it does not, but presumably you had the same agreement moving forward entitling you to 3 weeks paid time off. I would attacmpt to enforce the PTO issue.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Expert:  Attorney2020 replied 1 year ago.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

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