Employment
Employment Agreement
Colorado
Fired
I'm a independent contractor as a caregiver and I was fired for no reason
Answers from 1 Lawyer
Answer
Employment
Colorado
Melissa L.
ContractsCounsel verified
Depending on your State's employment laws, usually an employee is hired as an employee at will meaning that employee can be fired or terminated at any time for no reason as long the reason is not illegal/discrinatory. If you do not have a written employment contract, the default is usually employee at will. Sorry to hear about your loss of job.
People Also Asked
Employment
Employment Agreement
Florida
Can an employer fire an employee while the employee out on sick leave
I am out on sick leave. can I resign my job?
Forest H.
Good morning, Florida is an "at-will" state (with a few limited exceptions). Depending on the size of the employer, you may be subject to FMLA protections. Otherwise, unless there is an employment contract in place, an employee can quit at any time and an employer can fire an employee at any time. Unless the reason for the firing is illegal, such as a protected class or whistleblower protection, you can be fired while on sick leave.
Read 1 attorney answer>Employment
Employment Agreement
Florida
Breach of contract?
I’m a nurse practitioner currently employees under a contract in which I was suppose to receive a bonus paid out 30 days after a 12 month period. One week after the 30 days has passed, the Bonus has not been paid. This is consider breach of contract, correct? the contract stipulates I must give 30 days notice prior to quitting. Does this still apply if he is in breach?
Diane D.
Have you asked about receiving the promised bonus? It may just be late. I would talk to the employer before quitting. And, yes, you must still give the 30 days' notice or you will be in breach. Also, realize, if you quit you may not be entitled to the bonus. I would have to see the contract you signed to actually know what you are entitled to or not.
Read 1 attorney answer>Employment
Employment Agreement
New York
In-House Counsel hired as an independent contractor - Seeking clarification on indemnity insurance
Hi I am an attorney barred in New York, and I recently started as in-house counsel for tech start up. They have hired me as an independent contractor and I am seeking clarification as to whether this can be done and also what the appropriate indemnity insurance should be for me. I hope someone can assist. Thanks! Christina Chelliah
Erdal T.
I would have to see the employment agreement/contract. Also, if you have a job description with duties, responsibilities, in-office/hybrid/WFH requirements, reporting requirements, etc that would help.
Read 1 attorney answer>Employment
Employment Agreement
California
Are non-competes enforceable in California?
I live in CA and work for an east coast company. I have an old employment agreement from ~2006 that has a non-compete clause. Is that enforceable in CA?
Paul S.
No, it's not. California has a very strict law against non-competes, and views those as illegal restraints on trade. Pretty much the only scenario in which a non-compete will be enforceable in California is in connection with the sale of a business.
Read 1 attorney answer>Employment
Employment Agreement
California
In California, Is a Non-Circumvention agreement signed as an employee be enforceable if the employer lays off said employee?
As an employee I was presented and signed a Non-Disclosure & Non-Circumvention agreement. I was recently told that Friday July 29, 2022 is my last day solely because the employer can no longer afford my position. They have also presented the idea of hiring me as an independent contractor. In the proposal, my current employer reminded me of the signed agreement. I would like to know if I sign the agreement for contracted work, is the Non-Circumvention agreement still valid since the Employer Employee relationship has ceased at no fault of the employee?
Howard B.
You will need to talk to someone in California, specifically. I am not licensed in your state. Generally, it is possible for terms of an agreement to service termination of other aspects of the agreement. This comes up in employment contracts all the time. The answer to your question most likely exists in the text of your agreement. Take that to a local attorney - aside from the text in the document, there may well be case law in California that would set an upper limit on how long such restrictions can last.
Read 1 attorney answer>