Separation Notice for Independent Contractor
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How to fill out Separation Notice For Independent Contractor?
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FAQ
Usually, independent contractors cannot be fired at-will like employees can because they have contracts that outline termination.
California is an employment-at-will state, meaning that the employer can choose to fire you at any time without providing a reason. It also means that you can stop working for the employer at any time.
In most cases, a contract can be terminated by one party if the other party fails to execute their end of the agreement. If one party is unwilling or unable to keep to the terms of the contract, you can legally end the contract.
If your independent contractor agreement contains a provision that allows the parties to terminate the relationship at any time, revise the agreement to include a notice provision with at least some kind of a notice period required for termination of the contract.
By definition, independent contractors are able to dictate their schedules. This means that employers cannot tell an independent contractor when to work unless they want to give the worker the benefits of a true employee.
If neither the employment contract or any company policy requires the employee to give notice, no notice is legally required under California law. This is because California is an at-will employment state.Similarly, at-will employees can also leave their employer at any time, even without a two weeks' notice.
While employees are always eligible for unemployment benefits if they are laid off, an independent contractor will only be eligible if they pay separately into the state unemployment fund. However, if your status as an independent contractor is questionable, filing for unemployment may be worth a try.
When you are resigning as an independent contractor it is not necessary to give a specific amount of notice, however, notice is always appreciated. Do mention your availability for additional work prior to your resignation, if any, in your resignation letter.
