Waiting to hear from the attorney.. but can you talk me through
 

Well, we're a small company (public relations). We have a few Independent Contractors that work for us on commission. I had recently drawn up a contract (for 3 months) for an independent contractor to run our Twitter/social media for us and to act as an office assistant 2 days per week.

The contract went into effect on Nov. 1st but I was in contact with her today and told her that I just won't have the work I originally thought we would have to keep her busy those 2 days per week, and that I wouldn't be needing her services. She immediately had an emotional meltdown stating that this job was the reason she got up in the morning, etc, etc then she hung up on me. Then followed an email from herself and one from her husband telling me how I'm a bad Christian and that I've crushed her for letting her go and that she'd gladly work for free.

She caused such a fuss, posting incredibly damaging things on her Facebook account and Twitter accounts. Given the condition of her reaction, I removed her access to our company social media and her company email and our company files and training forums. I am just afraid she'd cause damage during this period.

The problem is this, she emailed me, livid that she cannot access these things "per her contract" and that I have breached her contract. In the contract it does state that either party can give 2 weeks notice, which is what I gave her this morning. Maybe I have messed up here by limiting her access, but I'm thinking of my company and what she might do over the next couple of weeks considering the nature of the phone call and emails she and her husband have sent me.

I have put in a consultation with my attorney but it's the weekend and I might not hear anything from him until Monday. I'm incredibly stressed out. I was NOT expecting the level of chaos this has caused. Our company is an LLC so we have some protection if we end up getting sued for wrongful termination or something, but it's not helping me feel any better. Did I do the wrong thing? Would would you have done? I've never had this issue before, we've had people walk away from us but this is only the 2nd person I've ever let go.

Off the cuff, just thinking here...

You have absolutely nothing to worry about. Nothing. Nada. Zero. Zilch.

Worst case scenario is that you might have to pay her for the two weeks. She is an IC, not an employee.

In any case, you should be glad that this person is not working for you anymore, or ever. If she is going to trash you on FW and Twitter, what would she have done if one of your customers had made her mad?

This person should be careful with what they say about you, libel and slander can be serious.

Any time, including a single moment, that you spend worrying or angry is simply wasted time in your life that you'll never get back.

Go hang out with your kids or husband, which are the important things in life.

And, BTW, you did the perfect thing when you denied access to her on the accounts.

I just reread the OP.

"Breach of contract" by denying her access to the accounts? Really? That is absolutely hysterical!!!!!!

Thank you Clovis, I hope you are right. I'm a mess worrying if I've done something that will legally/financially affect my family or company. Dh was concerned about my grounds for termination being lack of work for her. I wish I hadn't brought her on to begin with.

A couple more thoughts:

I'm still laughing at her threat of "breach of contract" comment.

I seriously doubt any lawyer is going to take this case without having a hefty deposit paid by her. Lawyers are just like any other business. They want to take cases that will pay, and of course, they want to win.

Of course, I'm not an attorney, and I haven't read the contract. I don't know employment and or contractual law in your state.

At the same time, I have a hard time understanding how this person could make a case against you and win. It's not like you've contractually agreed to pay for anything but her time.

It also sounds like this person seriously needs professional help, as well as some possible meds to help her get out of bed and be a productive person in society. But then again, I'm not a doctor or therapist either.

Nonetheless, she needs to grow up and put her big girl panties on. Deals and contracts fall through every minute of every day. Lucrative arrangements get cancelled, orders get dropped, and relationships end within a moments notice. It is just business, and it is just life...it happens.

Quit worrying about this. The sun will rise in the morning, and life will go on. Now go do what you'd normally do at this time on a Saturday night. Anything else, and you are just giving your life away to an immature child who doesn't stand a chance with anything against you.

I know when you sign a contract, (in MI) you have three days to cancel, w/o any ramifications.

Could this apply here as well?

Clovis is right, don't let her ruin your weekend.

My worthless opinion....

Two weeks notice.. that doesn't mean cutting off access... That means you are giving two weeks notice you won't be needing their service after that time. Did you have a stipulation in the contract stating at notice time you could cut off access?

I feel you have to protect yourself... However, if you give notice without cutting off access, then you could be retaliated against in that time if you don't cut off access... But then you would have a solid suit if they did anything stupid... Did an attorney write this contract, and think it through?

But for what that is worth, I'm not an attorney.

I get Public Relations tied into the Internet has to deal with sites like FB and Twitter, However, it's a peeing match..... and if it gets to court, will probably cost you a lot more than it's worth....

I was deep into Bulletin Boards before the WWW was even heard of by the public. I remember when there were no public companies on the web, and now it has become such a mess over deals like this.... I work for a law firm that deals heavily in the web, and sadly the only people that profits over matches like this are the law firms..
.
All I can say is I wish you luck, and I hope you have a pocket full of cash to fight this contract... I'm not an attorney. I'm just a lowly IT guy that has never opened a twitter account or Facebook account for just such reasons.... .

Contract
 

I'm not an Attorney; either. I wouldn't pay an Attorney either; till she actually does something to retaliate. Then you might have good reason to pay an Attorney.

Did you copy the post she made on FB and Twitter about your company? If so, then she has no leg to stand on. You gave her two weeks notice and she was angry and wrote things she should not have. That there is proof as to why you took her access away.

It sounds as if you have just cause to cut her off and to break the contract based on the hysteria she exhibited. Check your contract to see if it has a clause regarding misconduct or anything of that nature. Either way, you were justified in doing what you did.

Yes, I have been provided screen shots of the things she has put on FB, she posted something last night about trying to decided if she should turn her anger on me or herself (whatever that means). We've documented everything.

Next time, give the sanity test *before* the typing test! :teehee:

Seriously, I'm sorry you've had this experience. Sometimes it's hard to pick out the nutty ones.

Might want to check the labor laws for your state. In a lot of places, employees can be dismissed at any time, for any reason, or for no reason at all.

You also might want to peek at the laws governing 1099 employees/subcontractors to make sure the work you're offering qualities under the official definition. I know most employers like to hire 1099 because it saves them a buck, but not all jobs qualify.

Off the top of my head, employees can be classified as subcontractors if they set their own hours and provide their own equipment. (There is other criteria as well.) For instance, I subcontract the cleaning of a federal office building. I have to clean it on M-W-F, but I can go in at any time on those days, and I use my own equipment to do it. I'm a legitimate 1099 employee.

If you're requiring a worker to be present during specific hours (for instance, an office assistant serving as a receptionist from 9-5) or s/he's using your computer, the employee might be able to argue that s/he should have been classified as a W-2 worker and not as a subcontractor.

Be careful you're toeing the line here -- you don't want a disgruntled employee filing a claim with the state labor bureau. :teehee:

In most states you do not have to let someone work out their 2 weeks notice. It's pretty common to pay someone for their 2 weeks and let them go at the time you give them notice. I certainly would not let her near my business again. Give her a check and tell her goodbye.

Did you offer her two weeks pay? Two weeks notice usually means having the employee work that two weeks... Absolutely cutting access was a wise move. Hmmm, slander and defamation of character...no Atty here, but Google those terms...

Willow, we definitely classify them independent contractors, I went directly through the IRS for clarification before we brought people on. We didn't specify a time, just that she would come in 2 hours per week and we would figure the day/time out as we went so that it was flexible.

I'm not an attorney, but I'd say your in the clear. You gave her the 2 weeks notice, and only after her and her husband started posting on your sites you cancelled her access. There's nothing that says you need to put up with that kind of behaviour by anyone, employee or not. As long as you have documentation you're good. I'd say let her give it her best shot but she doesn't have a leg to stand on. Besides, who uses a 2 hour a week position as a reason to get up in the morning? She's obviously got bigger problems then this.

Jan.. I know. It's been very disturbing to me. She had posted on FB that her 9 year old son wanted me to know that "firing one of his parents ruined a small chunk of his life". This is jus some of the stuff I'd had to put up with.

You are not in breach of your contract. An IC can be let go at any time.

I would send her a certified letter/return receipt requested that her services are no longer needed.

In any case even if she were found to be an employee instead of an IC (and it doesn't sound like she is) then MA is an at-will employment state which means you do not have to give her any advance notice of termination, just a notice that she is terminated. You do not need to give her a reason, either.

I would simply ignore her hysterics and move on. I certainly would not spend any money on a lawyer unless she files a lawsuit.

PS - you do not have to give a reason for cutting off her access, nor do you even need a reason. If a company wants to cut off employee email access with no reason, they can do that. If my client wants to lock me out of his computer at any time, he can (I am a 1099 sub to him). If someone has a company truck the boss can come pick it up and just leave ya there.

I would suggest as little communication as possible. You don't need to give her reasons. You don't even need to HAVE any reasons. Access to your business is at your prerogative and that's that.

>She had posted on FB that her 9 year old son wanted me to know that "firing one of his parents ruined a small chunk of his life".

Totally speechless. Totally......

I agree with people that state that she's a contractor.. A contractor can be fired at ANY time and is not employed by the company but rather an independent contractor. She can go cry you a river and that isn't going to make a difference.

People like that annoy me. She signed a contract not understanding her rights.