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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12479
Experience:  Significant experience in all areas of employment law.
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I'm a freelance copywriter who works in ad agencies. My most

Customer Question

I'm a freelance copywriter who works in ad agencies. My most recent job ended without notice (not because of my performance, the work just wasn't there). In the contract, it says,
"AGREEMENT: This Agreement is effective from the commencement of your freelance working relationship with the Company as of July 20, 2015, and will continue thereafter until July 20, 2016 or the completion of the assignment or the earlier termination by either party on not less than 7 days prior notice to the other (the “Term”)."
Does this mean I'm entitled to 7 days' compensation because it ended without notice? I had about 3 hours notice, but completed the day's work.
Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
The contract seems clear that neither party can terminate prior to July 20th without providing at least 7 days advanced notice. This means that the terms of your contract required your employer to employ you for 7 additional days after they notified you that you were being let go. If they did not pay these days, then you would typically have a claim for breach of contract with your damages being the seven days additional wages you were not paid.
As a contractor, you are not protected by the Labor Code and so cannot go tot he Labor Board to enforce breaches of your employment contract. Your sole recourse is to file a lawsuit in civil court. Here, you would typically want to file in Municipal Court, also known as "small claims" court, where the procedure is vastly simplified and you can represent yourself. See here for more information: However, you may first want to start by sending your employer a demand letter letting them know that you will file a lawsuit if they do not pay you for the seven days within a specific period of time (i.e. one week).
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
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