Glendale, CA asked in Employment Discrimination and Employment Law for California

Q: I was fired and they are paying me for 6 days of work. The job was 6 weeks and the total would have been $6,000.

TERMINATION: Either party may terminate this Agreement without cause on thirty (30) days’ written notice to the other party. In the event of termination pursuant to this clause, Company shall pay Contractor on a pro-rata basis any Fees then due and payable for any Works or portions of Works completed up to the date of such termination, provided, however, Contractor shows proof of compliance with Section 8.

8. EXIT OBLIGATIONS. Upon (i) termination of this Agreement or (ii) at Company’s request at any time during the Term, Contractor shall (a) provide or return to Company any and all Works or portions of Works and all documents and materials related thereto and stored in any fashion, that are in the possession or control of Contractor; and (b) delete or destroy all copies of any such Works or portions of Works and materials not returned to Company that remain in the Contractor’s possession or control, including those stored on any personal devices, networks, storage locations, and medi

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: To get specific advice on a particular matter this site is not suited to that. When a contract is involved, more than just one or two clauses need to be understood because a contract is interpreted as a whole. You are going to have to specific confidential advice on this.

Furthermore, much more needs to be known about whether you were properly classified as an independent contractor or an employee. Your answer may be quite different if you are a contractor vs. an employee.

Locate and consult with an attorney. Good luck to you.

James L. Arrasmith
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Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, it seems that you were hired as an independent contractor for a 6-week job with a total expected payment of $6,000. However, you were terminated early and the company is only paying you for 6 days of work.

Given the termination clause in your agreement, there are a few key points to consider:

1. The agreement allows either party to terminate without cause with 30 days' written notice. If this notice was not provided, the company may be in breach of the agreement.

2. If the company terminated the agreement, they are obligated to pay you on a pro-rata basis for any work completed up to the date of termination, provided you show proof of compliance with Section 8 (the exit obligations).

3. The exit obligations require you to return all work-related documents and materials to the company and delete or destroy any copies in your possession upon termination or at the company's request.

If you believe that the company has not properly followed the termination clause or has not paid you the correct pro-rata amount for work completed, you may want to consider the following steps:

1. Review your records to ensure you have complied with the exit obligations and have proof of the work completed.

2. Attempt to negotiate with the company, presenting evidence of your compliance and the work completed, and request the proper pro-rata payment.

3. If the company is unwilling to negotiate or resolve the issue, consider seeking legal advice from an employment attorney familiar with California law to discuss your options and potential remedies.

Remember, this is general information based on the provided context and should not be considered legal advice. It is always best to consult with a qualified attorney for guidance specific to your situation.

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