I am an independent contractor without a contract. I have been rewarded for my performance and may now loose my job. Can I sue?

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I am an independent contractor without a contract. I have been rewarded for my performance and may now loose my job. Can I sue?

3 years ago I went to work as Executive Director for an association. I have a witnessed verbal contract, I am working out of my home office and retain all association files, all equipment is mine and I have been financially rewarded for excellent job performance. The new board wants to terminate me. Can I obtain a severance package if they refuse to give me one?

Asked on May 26, 2009 under Employment Labor Law, Missouri

Answers:

BP, Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking - no.  If you are an independent contractor without a contract, you don't have standing to sue the company.  From the facts you've given, it seems like the only possibility would be to  somehow show that you were actually an employee of the company and that the company provides severance packages to everyone (which is generally not required by law).  That being said, the existence of the verbal contract and employee-like duties you perform may be something to discuss with an employment attorney.


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