QUESTION

Can I sue the company for wrongful termination if I was just a contractor?

Asked on Feb 19th, 2013 on Labor and Employment - Utah
More details to this question:
I was wrongfully terminated from my job after I reported the misbehavior of a Manager. The Manager insulted me in front of my co-workers and the day after I reported him, I was terminated. I am not an employee of the company. I am a contractor and get hourly pay. Do I have a case?
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3 ANSWERS

It appears that you are an employee and you may have a stress claim under worker's compensation laws and regarding wrongful termination. I need more factss about termination.
Answered on Feb 21st, 2013 at 7:22 PM

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You may not sue for wrongful termination. That cause of action does not exist in GA. However, since you were not an employee, you were not discharged as an employee. However, you may be able to sue for breach of the contract that created the independent contractor relationship. A lawyer that handles such cases can give you a better answer that you can rely on.
Answered on Feb 21st, 2013 at 1:13 AM

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Law Practice Mgmt & Technology Attorney serving San Jose, CA
Partner at Peck-Law
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If you are truly a contractor and not an employee (which is a wholly different question), then the issue is more a breach of contract question rather than wrongful termination of an employer/employee relationship. Thus, if the termination of the contract relationship was in violation of the contract's terms, then you may have a claim for contract damages arising from the breach of the contract. Similarly, you may have a claim for breach of contract under what's called the implied covenant of good faith and fair dealing, which is basically a promise inherent in every contract - that the parties will deal with each other in fairness and good faith in their respective performance of the contract terms. If the contract was terminated in bad faith, then you may have a claim for breach; it would depend in the individual circumstances surrounding the complaint and contract termination.
Answered on Feb 20th, 2013 at 11:54 PM

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