I am an independent contractor who drives for a large Midwest corporation. I signed a contract about 6 years ago that does not have a specified end date. The issue is that last year the company I work for made an internal decision that cost MY company about 20000 dollars gross this year. Now this year they are making more changes internally that will also negatively affect my income, and to go along with that they are raising the rates they charge customers for my service by 20% but only giving us 5% of that additional income (say they raise costs 100 dollars we would get 5 of that). The problem is we are what I believe is called an at will employee and they can terminate at any time for no reason. So that being said it puts me in a tough position because we are basically told to sign the new contract or you will be terminated and they will find someone else to screw over. Do we have any legal ground to fight these changes or negotiate these contracts or should I just sign the new contract and start applying for a new job?
There's no way to determine your legal rights without reviewing the last contract you signed and the one you're being asked to sign. Whether you have leverage to negotiate a better contract is an individually-specific that can't be addressed through this forum. In short, you probably won't receive competent, useful advice without hiring an employment law attorney to review your contracts and overall situation and provide advice tailored to your specific situation.
Harley Erbe gave a good answer. My question is whether you are an independent contractor or at will employee. Your question poses both. You can't be both. Do they send you a W2 or 1099 at the end of the year?
No attorney/client relationship exists until a fee agreement is signed. This is legal information not legal advice.
You assume that you are an independent contractor. The independent contractor is a person works in accordance with a certain set of guidelines that you're driving for the company may or may not satisfy. You are always free to negotiate a contract whether you are an i independent contractor or an employee.
Lawyers here have not read your contract. We can assume that because it has no deadline and no renewal clause or other indication of how it is terminated, either side can terminate the contract at this point. If so, then you can try to negotiate. The company can say it's not interested and take it or leave it. Whether you were in employee or an independent contractor under the circumstances it's up to the company whether you will have a job
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