Legal Question in Employment Law in California
I signed a "Master Agreement for Consulting Services" to provide functional business analysis services with company A. I worked as a 1099 employee for company A providing consulting services to company A's client (company B). Company B is a consulting firm so my work was performed at their client's location. My engagement letter is for an initial three-month period with six-month extension. Agreement calls for two-week written notice by either side to terminate contract. Three weeks into contract scope of project changed and my role ended. Two weeks ago I was informed of end of my contract verbally by company A's client (company B). I have still not gotten written two week notice from company A. (I left job immediately so haven't performed work for two weeks.) I believe I am entitled to 80 hours pay at least but does company A owe me for 40 hrs pay per week until 14-days after written notice as my contract requires? Company A has made no attempt to even pay me for the two week notice period.
2 Answers from Attorneys
There is no mystery as to the proper answer.
If you can prove you are owed money, and can't get it on demand, you can bring a lawsuit for it. If under $10k, you can file in small claims court. Whatever are the enforceable terms of the agreement will determine how much you are owed. The judge will decide in a dispute.
Without seeing the exact terms of the contract, it is impossible to give you an answer. You would need to have a lawyer review the documents, and answer whatever questions the lawyer might have, in order to get a valid opinion as to what you are owed.
I agree with Mr. Nelson as to small claims court being a proper venue for having this claim adjudicated, assuming the amount in question is small enough.
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