Independent Contractor time off

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Independent Contractor time off

I have a question regarding the independent contractor rules. If I take a 2 months off being an independent contractor given I have no assignments during that time and I was also told this by my manager don’t worry about availability, just make sure your calendar is up to date so that you are not scheduled during the time you are not available. Can they still fire me or not?

Asked on May 14, 2019 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless there existed an emplyment contract or union agreement to the contrary, you were an "at will" worker; this is true whether yu were an employee or independent contractor. Accordingly, you could have been terminated for any reason or no reason at all, with or without notice. Bottom line, absent some form of legally actionable discrimination, a company can set the conditions of the workplace much as it sees fit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you don't have a written employment contract guarantying you work for a set period of time or a set amount of biilling/projects (where you have not yet met or exceeded that time period or billing, etc.) then they can terminate you at will. All employment, whether as an employee or an independent contractor, is "employment at will" except to the extent there is a contract to the contrary. This means that except as prevented by a written employment contract, employment may be terminatd at any time, for any reason, and regardless of what was stated or promised earlier.


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