Legal Question in Employment Law in California

independent contractor job

I am an independent contractor that was offered a job with set dates, rates of pay and sent a contract. I signed the contract, sent it in and booked out the dates in which the vendor would need me. I was called today and told they got someone else to do the job. I'm out money now and am curious to see if I have any recourse.


Asked on 9/27/06, 10:09 pm

2 Answers from Attorneys

Beth Mora Cooper & Mora, A Professional Corporation

Re: independent contractor job

The potential response you have all depends on the contract you signed. It is very likely the contract had a provision which allowed either party to terminate for any reason. However, the contract also may have a time frame in which you are required to give notice. Please review the contract closely to see if their actions are in breach of the contract. That is your best avenue of recourse.

There MIGHT be some additional avenues to explore as to torts if the company intentionally took this action to keep you for taking another job or to intentionally harm you. However, this is very hard to prove.

If you wish to discuss this matter further, please contact our office or an attorney in your area.

Sincerely,

Beth Mora

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Answered on 10/03/06, 6:25 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: independent contractor job

The wording of your contract will determine what your rights and remedies are. This will have to be reviewed by an attorney to properly advise you.

In any event, you should be documenting your efforts to find other work. You have a legal duty to minimize your loss, even if the contract called for a specific period of employment. Then, if the employer can be shown to have breached the contract, you can seek damages for the losses you have proven.

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Answered on 10/03/06, 6:44 pm


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