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My friend is a realtor and he had an independent contractor…

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My friend is a realtor...
My friend is a realtor and he had an independent contractor working for him that he had to terminate. The independent contractor has not responded for a week to requests to remove his personal furniture and belongings. In AZ, I a believe this independent contractor is considered an employee as far as real estate laws go. What type of notice and or steps can my friend take to get his terminated employee to remove his items?
Submitted: 2 months ago.Category: Legal
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Answered in 49 minutes by:
5/28/2018
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thanks so much for your patience. I'm sorry to hear about your situation. So, independent contractors are not considered employees; they are entirely separate classifications. If your friend had this person working as an independent contractor, your friend could terminate the contractual relationship. But the thing is that the person's status as an IC or an employee is notwithstanding in this case. If a person has their furniture in someone else's home or office without their consent, then that person is committing a trespass. This means that your friend could theoretically sue if the IC doesn't come to pick up the stuff.

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Customer reply replied 2 months ago
Does my friend owe any notice to the independent contractor or if my friend does get rid of his stuff can the independent contractor sue my friend?
Lawyer: Legal Eagle, Lawyer replied 2 months ago

No; the law doesn't' require any notice to the IC if he does get rid of the stuff; however, if your friend sells or otherwise disposes of the stuff without the IC's consent, then the IC could sue. My recommendation would be to consider just writing a formal demand letter to the IC advising them that they have 14 days to arrange for the pickup of their furniture or else it'll be disposed. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. How else can I help you today?

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