My wife has been working part time Monday to Friday for a company on a self employed basis for over two years now. She has an exemplary record, but has been told, out of the blue, that her services are no longer required, with immediate effect. Is that lawful?
2007-07-14 08:20:01 · 17 answers · asked by I tell you whut! 6 in Politics & Government ➔ Law & Ethics
Sorry. Should have mentioned that we're in the UK if that makes any difference
2007-07-14 08:36:19 · update #1
get yee to the law center pronto, but i'll think you'll find that the magic words were 'self employed' and on that basis you aven't got a leg to stand n.
2007-07-14 08:25:21 · answer #1 · answered by Pijjin 2 · 1⤊ 1⤋
Yes they can do that.
Even if she were a full time worker with 20 years in the company they still could have fired her "if her services are no longer needed". Corporations do that all the time, the trick to use a legal reason like the "services no longer required".
In tha case of your wife was even easier because she was officially "self employed" so basically she was not an employee but a "contractor" providing professional services.
2007-07-14 08:41:09 · answer #2 · answered by ? 7 · 0⤊ 0⤋
In Nevada, anyone can be terminated at any point in time for any or no reason at all.
Your wife has been self-employed, so therefore she has not been terminated by this company - her services are just not required. Same way you can terminate a lawn service or pest control service.
The only thing that might change this situation is if they signed a contract with her guaranteeing her "employment" with this company with a 30-day termination clause or such. If she has one, there might even be an early termination fee. Without a contract, however, there is nothing wrong with how they ended her services.
2007-07-14 08:30:54 · answer #3 · answered by Karen D 4 · 0⤊ 1⤋
I work on a self-employed basis via an agency.Rang up some official about some stuff I'm not happy with just to be told we have no rites cos we're self employed!!!
2007-07-14 08:42:15 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you are an American it depends on the state you are in as laws vary significantly.
In principle however ,if your wife is self employed and was hired on a contractual bases,if she put no clause in the contract to cover such an eventuality ,she is usually "out of luck".
This sort of situation is a major reason why companies like "out -sourcing" for along with no fix nenefits etc,most such contracts give all the un-specified rights to the company.
2007-07-14 08:32:22 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Every job I've ever had, as an employee, has been at will. I could quit at anytime, and they could fire me at any time. It's the same for being self-employed. If your services are no longer needed, then you aren't needed.
2007-07-22 05:19:10 · answer #6 · answered by emerald_ravenstar 2 · 0⤊ 0⤋
Yes I'm afraid it is legal. She is self employed and therefore they do not have to even give notice. This is because assomeone who is 'self emplyed' she is in theory being invoiced for a job and as soon as the job is over she doesnt get to work any more therefore they do not have to give any notice - you would have thought they would have and it would have been good manners to do so but legally they don't have to
2007-07-14 08:27:16 · answer #7 · answered by sn0ttyang3l 2 · 0⤊ 0⤋
i cant say for sure but I did the very same and my employment was ended while I was in hospital. I never bothered to find out if it was within the law as I could no longer do the job anyway.
Seems to me, companies can do whatever they want -including making rules up as they go along.
2007-07-14 08:26:51 · answer #8 · answered by daftoldwoman 4 · 0⤊ 0⤋
She has rights...it would be good for you to know what they are for your state...be sure to contact the unemployment office and possibly an attorney.
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2007-07-14 08:31:22 · answer #9 · answered by sheila_0123 5 · 0⤊ 1⤋
if she really has an exemplary record, there must be very valid reason for not requiring her services!
2007-07-21 04:52:06 · answer #10 · answered by sristi 5 · 0⤊ 0⤋