My work rights violated?

alex f

hi there, do you recall if you were given a section 1 statement within the first 2 months of your employment? (it is a document outlining the specifics of your job, start date of employment, terms, etc) if you were you were technically an 'employee' which means that there are a plethora of laws and rights which you could use to help you.

firstly, have you had any previous annual reviews? and is it a condition that you have to be reviewed before your contract is decided? the reason i ask this is because, if it is common practice for your company to review employees prior to non-renewal you could claim that your rights were breached...which is your right for your performance to be reviewed prior to a decision being made.

however, if it is stated in the Handbook or any contract that you have received that review is not a necessary process, i'm afraid you may argue a breach of process, however it will not be a watertight argument. Hopefully they have made some other breaches for example, if it is stipulated in the Handbook that you are to receive training, which you have not received, you could claim that they have not adhered to their terms of employment as an employer.

Employment law is such a huge area of law, and if you think that your rights have been violated, you could contact the Free Representation Unit, who deal with employment issues and could give you some basic advice over the phone. If you do think you have a case then take it to the Employment Tribunal, which is an informal sort of court. You can represent yourself and you don't need to know anything about the law.

In this economic climate, loads of employers are dismissing people any way they can just to save some money, even if it means breaching their terms...if you have a case pursue it!

michelob86

No. An employer can let you go for any reason, especially someone on contract.

Bozema

Were you a regular employee or a contract employee? Do you get a 1099 form each year or a W2? If you were working under contract but treated like a regular employee, your employer may have been trying to avoid paying payroll taxes. If you were getting a 1099 but working in the office like other employees, then talk to your state employment department. The way your employment was handled may have been illegal under IRS rules and your employer could be in big trouble. And it will help qualify you for unemployment.

A lot of employers have people work under contract to avoid payroll taxes but the practice is often done improperly. It's common.

beverly

In order to give you a relevant answer, you should identify the general location where this took place. Labor laws vary from one country to another, and within the United States they can vary from state to state.

You should also give some indication of whatever reason you were offered.

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