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LawGirl
LawGirl, Lawyer
Category: Employment Law
Satisfied Customers: 4606
Experience:  I have practiced employment law.
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Despite the fact I was working and producing business, I was

Resolved Question:

Despite the fact I was working and producing business, I was let go by a gift company
after only three weeks on the job. The office manager (who I had spoken to, but never
met) made the decision. No prior warning or explanation whatsoever.
And even though it has been a month, and repeated requests, no explanation at this point either.
Most of us in the gift industry are independent contractors, although in this case,
I did have a signed contract.
What are my rights under New York state employment law?
Submitted: 6 years ago.
Category: Employment Law
Expert:  LawGirl replied 6 years ago.

LawGirl :

What are your terms of employment under the contract that you signed?

Customer :

Standard Independent contractor for New York state.

LawGirl :

If the agreement does not require your employer to give you notice or a reason for termination, then you are likely an at-will independent contract who does not really have any rights in this regard. Your employer is under no obligation to give you a reason for terminating you unless the contract requires you to remain employed for a certain amount of time, terminable only "for cause".

Customer :

Good evening Lawgirl, Is that the case

Customer :

with most independent contractor agreements, or does it vary by state?

Customer :

Thank you,

LawGirl :

Employment under independent contractor agreements is "at-will" in most states unless the contract specifies that employment is for a certain period of time unless the contract is terminated for cause.

Customer :

Even if had just started, hadn't been employed for three weeks, and was producing business?

Customer :

Also, the person who made the decision, has refused all requests for an explanation.

Customer :

They are evn threatening me with harassment.

Customer :

Don't they, under the law, at the very least, owe me and explanation?

LawGirl :

Unless contractually obligated, the law does not require them to provide you with an explanation

Customer :

Thank you very much.

LawGirl :

I am sorry, it sounds like you have been through a lot. Unfortunately unless the contract gives you rights, the law does not afford a lot of protection in this situation.

Customer :

My neighbor, who's three years younger than me, says I should still go to law school.

LawGirl :

If its something that you are passionate about, it can be VERY interesting.

Customer :

I keep telling her, at age 55, It's too late. I read a story on line about a woman about my age, who got her ticket, was $70,000 in debt, and the best job she could find paid $25K. Me thinks we are looking at perhaps doing this in my second life! Although, I was dying to put these

Customer :

people I worked for on the witness stand under oath!

Customer :

PS- I have light blonde hair and everyone always says I look younger than my age.

Customer :

You, too!

Customer :

Where do you practice, by the way, and what do you specialize in?

LawGirl :

I practice in California. I do a lot of employment and family law. Age has nothing to do with it when passion is concerned!

Customer :

You are very kind, except the reality is, money is very tight right now, and my wife

Customer :

just had major surgery, and she's also thinking of giving her video production business

Customer :

of 20 years. Presently, it's a battle to keep up with our expense each month!

Customer :

When we moved into our current home in 1987, and doubled our mortgage payments, our financial guy said "our incomes would continue to go up."
It hasn't worked out that way, even though I too, believe, passion can enable to

Customer :

overcome most obstacles!

Customer :

couple typos in the last post=I've had a long day!

Customer :

Certainly appreciate your time.

Customer :

Thank you,

Customer :

Rob Allan

Customer :

Think I'm signing off now.

Customer :

Unless you have anything else to add.

LawGirl :

It certainly sounds like you have been through a lot. I wish you the best of luck in the future and will cross my fingers that your previous employer will get their come-uppance.


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