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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 115460
Experience:  20+ Years of Employment Law Experience
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Here is what happened: I arrived from another state to

Customer Question

Here is what happened: I arrived from another state to Minneapolis to work for a contract – was supposed to last for up to 10 months. Their contract with my company states that there should be a 30 days notification in case there is a termination of the
contract for any reason. They actually never returned a signed contract to me – I signed and sent it to them. No Laptops Are Available. I with other two folks came in for work – and the VERY next day we learned that the laptops are not available yet for all
of us. So they let us to go home……. Just like THAT…. Said will be available in 2 weeks time. Then they called – accused me of ‘Rubbing everybody the first day – and asked not to come back’. The company asked me to send an invoice for only 2 days that I was
there – and just forget about everything else. Questions: Since it is in Minnesota (Minneapolis): 1 – Are there any Employment related Organizations – where I should/can file a Complains against the company. Actually two companies. One was a very major consulting
company and the other was the one where the work was suppose to happen. So far I found this: http://mn.gov/mdhr/ and http://www.ci.minneapolis.mn.us/civilrights/ Any others? 2 – I am familiar with the following – at a Federal Law level: Fair Labor Standards
Act, But need to get more related info about Minnesota related laws. Could you help? 3 – Since I arrived from another state – and already returned to my home state – are there any implications – Residency related when I file my complains – per Minnesota laws?
Or regardless of my current residency – if it happened in Minnesota and the contract was supposed to be executed there and was bridged there – I can file – even being back to my home state? 4 – How to get an HR’s and Legal’s Dept fax and/or address of these
companies? In case they do not publish it online. These are major companies. If any questions – it is better to ask for clarification… I do expect and welcome it. Thank you very much!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Were you an employee of this company or an independent contractor or contract worker sent to work for them?
Was any of this done to you based only on your age/race/sex/disability/national origin and for no other reason?
Customer: replied 1 year ago.
Here are my answers:
1 - independent contractor
Yes - it is considered an Independent Contracting.
2 - age/race/sex/disability/national origin and for no other reason?
Not yet sure - I was told - over the phone - the following:
2.1 - I did manage to rub everybody the first day - and that there was a text message sent to a recruiter about it.
(I do intend to request a Certified Copy of it from his Cell Carrier)
2.2 - That the manager also complained about me - the second day.
(I had spoken to him - and I have notes from that conversation too with his hand-writing) .
Thanks.
Customer: replied 1 year ago.
The manager did promise that there is work - but that the laptops are not ready yet.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
As you were an independent contractor and not an employee, I am afraid that you could not file a complaint to any agency, state or federal, since any claim of any type of misconduct by an employer requires an employee-employer relationship/
Under the MN and federal laws, in order to have a claim against the employer for their conduct, you have to prove unlawful discrimination (again, it requires an employer-employee relationship) which is conduct based only on your age/race/sex/disability/national origin.
At this point, depending on wording in your contract it would potentially be a breach of contract case against them for not being able to work in accordance with your contract with the company.
It is actually not unlawful to dislike someone or even not want them to work for your company just because you dislike them or they "rubbed you" it is only unlawful if it was based on their age/race/sex/disability/national origin and they were an employee.
So, at this point you need to review your contract and you need to determine if this a violation of the terms of that contract and if so, then your recourse is suing in court as no agency will get involved with a civil contract dispute.
Customer: replied 1 year ago.
Please do not go to sleep - I am preparing a short description of the Contractual obligations -
Customer: replied 1 year ago.
Please see attached - a file '2nd Part .......". (I could copy/paste and edit it in the file - not in this window).For me it is a very significant difference - in dollar amounts - between 10 months & 2 days.Thanks.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. I am sorry, as you can see I am online very early in the mornings and I have to get sleep sometime.
You are asking questions of this company like you are their employee, such as "overtime," but they do not have to pay overtime to a non-employee, independent contractor. So, that is why they do not have to pay time and a half, not because MN law says overtime is not due for employees.
If they told you they would provide you the laptops then that is their discretion.
The contract also says that you or the company can cancel the contract at any time without any reason, which is what gives them the right to send you home after paying you for the two days.
So, legally, this contract allows them to terminate the contract with you at any time for any reason.
Customer: replied 1 year ago.
Thanks.I also had a question on whether the Contract that was not signed - is it an enforced contract or not?
The answer can only be Yes or No.
Which is it?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If they provided you the contract and you signed it, then it is valid even without their signature. Is it a valid contract, "yes."

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