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Contract Employment Rights Related Questions

A contract employee is a person who offers specific services to a business. Usually an employer will engage in a written employment agreement with a contract employee. The agreement relates the expectations of both employer and employee. The length of employment, salary, benefits, and the role that the contract employee is expected to play are all defined in the contract. There are many legal issues that can arise with an employment contract, and these can lead to legal questions about a contract employee’s rights. Employment Lawyers on JustAnswer can answer any legal question that you may have regarding contract employment and contract employee rights. Below are five of the top questions answered by the Experts.

Can an employer require contract employees to work 14 hour shifts, 7 days a week?

Usually, you would have to work the hours required by your employer and you should also be paid for those hours, unless otherwise specified in your contract. However, at will employees who are paid by the hour are required to work the hours set by the employer but are paid time and a half for any hours over 40 hours per week by way of overtime pay.

If a contracted employee owes an employer for damages, can the employer withhold the employee’s wages?

The employer cannot withhold pay from a contract employee (unless the employee is not an independent contractor/1099) without the written consent of the employee. If an employer withholds a contract employee’s wages in this manner, it would be a violation of the Fair Labor Standards Act. However, the employer could sue the employee for any money owed for damages caused by the contract employee. The employee could sue the employer if wages are withheld, but then the employer is likely to countersue for the damages owed.

What can contract employees do if they are terminated unexpectedly?

The first thing you should do as a contract employee is to review your employment contract to determine if your employer is in violation of the contract by terminating you. If you find that the employer has violated any terms of the employment contract, you should seek the assistance of a local employment lawyer. Employment Lawyers on JustAnswer can also provide a second opinion or review the contract and provide legal insights. If there is a violation, the lawyer will usually file a lawsuit against the employer for wrongful termination and breach of contract for not following the procedures within your contract. However, if the employer hasn’t violated any terms of your contract, you are unlikely to have a case and may not be able to file for wrongful termination or breach of contract.

Can an employer use “at will employment” in an employee’s contract?

Contracted employees can only be hired and terminated under the terms of a contract. At will employment does not usually apply to employees under an employment contract. However, when using an employment contract, stipulations can be added to the terms which would allow the employer the right to terminate the employee without continuing any rights of payment. The employer could also draw up a contract that states several terms of a job but also indicate that an employee will remain an ‘at will’ employee and maintain an ‘at will’ work relationship.

Can a company pay contracted labor less money than other companies pay for similar labor?

An employer is not required to pay the same wages that competitor businesses pay their employees for similar work. As long as employers abide by the agreed amount that was promised to the contract employee, they are within their rights to set the pay amount. This rule applies to contract employees as well as regular at will employees. However, if the employee is not under contract or if the employee has not signed a non-compete agreement, the employee can leave the company and go to work for another company that would pay more.

Entering into at will employment contracts can be tricky if you are unfamiliar with the legal guidelines involved. If you have questions or doubts about an employment contract or just want to learn about contract employee laws, take your questions to Employment Lawyers on JustAnswer. The Experts handle a wide variety of Employment Law questions and provide fast and knowledgeable answers.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Contract Employee Questions

  • My boyfriend's boss told him he was terminated after the end

    My boyfriend's boss told him he was terminated after the end of this year. He has a company computer and the employer was holding an expense check for over $4,000 for the return of the computer. No written policy, awful handbook. Is this legal? Today I tried to return the computer but the boss gave me an incorrect fedex account number so after it was all boxed up etc I couldn't send it. I called the boss who said too bad, it has to wait until Monday, be sent by ground (3 days) and he won't release the check until he gets it. Doesn't seem right. I told him I valued the laptop, mouse, hard rive and briefcase at $700 which is a HIGH estimate and the expenses obviously are worth much more. I would like to tell him what he is doing is illegal.
  • Nursing at will position. I received another job offer but

    Nursing at will position. I received another job offer but cannot give what employer wants as far as 4 weeks notice. The policy (which I agreed) is that if I give less than 4 weeks notice, I will be paid for my time at minimum wage. What should I do? The best I can give is 2 weeks. I don't want to give that because I hate this job and it is really awful.
  • I am trying to find out what my legal options are for resigning

    I am trying to find out what my legal options are for resigning from my job as a teacher in Texas for the remainder of the school year without sanctions being imposed. I understand that sanctions will be imposed if good cause is not found, however I don't know what constitutes good cause.
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