The company I worked for terminated my IC agreement on December 1. They told me via email on November 26th that I would be terminated on December 1, unless I agreed to their new terms. I did not agree to their terms, and my contract was terminated on 12/1 (via email). They will not let me work for them anymore, obviously. In the contract, all notice must be made either 1) by personal delivery, or 2) by registered or certified mail, and I must be given 10 days notice prior to contract termination. Do I have recourse?
This is a contract question. Therefore, an employment lawyer must read over every word and then evaluate all related documents and facts. Even if you won in a breach of contract lawsuit, what would your damages be? This is another legal issue that your attorney must help you with.
You may have recourse, but it depends on the terms of your original agreement. I strongly suggest you speak to an experienced employment attorney, who can review your situation and advise you appropriately. Many of us will provide a free initial consultation.
This answer is provided for informational purposes only and should not be relied on as legal advice. You should be aware that no attorney-client relationship is established through this answer and none will be established without a personal consultation and the signing of an engagement agreement.
You should ask whatever Illinois employment attorney you hire to help you determine whether you are properly classified as an independent contractor. If you should have been classified as an employee, you may have additional recourse.
I don't think the nature of the notice you received is going to help you all that much, even if it is a technical breach. This is largely a practical assessment, not a legal one. Generally, an independent contractor has no more rights than the scope of his original engagement. If you were hired to perform certain work on an hourly basis, but there is no mention of a term, it's pretty much terminable at well. All of this is generally speaking, of course. As one of my colleagues mentioned, you may have some trouble proving damages. In the final analysis only an attorney can make sense of your contract and the law, but you should have a pretty good idea what your loss may be.
Answering this question does not set up a attorney-client relationship between us. My comments do not constitute legal advice. If you would like to pursue representation, please contact me.
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