Q: Can I be fired as an independent contractor for requesting to seek legal counsel before signing an amended contract?
In Nov of 2009 I began working at a small dance studio as a dance instructor. I was asked to sign an open ended contract when I began the job. The contract stated that I would be considered an independent contractor & had to refrain from actively soliciting within the "Chicago Southland area". July 2016 After bringing up my concerns of possible misclassification, which were dismissed, I suffered through months in a fairly hostile work environment. 2 days prior to Christmas I was handed a revised contract that was to be signed & effective Jan 1,2017. I advised the owner that I need time to seek legal counsel before agreeing to sign. On Jan 9th I told the studio owner that I would not be able to see an attorney until after the 26th of the month, I was told my options were to sign the contract as is or I can no longer work. Does the original contract still stand? Can she fire me for seeking counsel? Can I teach elsewhere & do I need to worry about geographical scope?
A: Yes, you can be fired for seeking counsel. The reason being is that Illinois is an employment at will state, meaning an Illinois employer can terminate you for nearly any reason, or no reason at all, so long as the reason is not an illegal one (i.e. discrimination based on gender, age, race etc...). If you think you were discriminated against, consider consulting with an employment law attorney. In regards to the applicability of your contract, it depends on the specific language in the contract. I would recommend organizing all information relevant to this situation, including the contract, and consult with an attorney individually for further guidance.
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