Quitting job

[Legalegal]

More to this story than this question, but worked as a Contractor which I never should have accepted the status of, because they controlled everything I did, I relocated for the "project" of being their Controller full time, and the only financial role in company.... Loaded an extreme amount of work on me, deadlines would be set then demanded days earlier... Finally one time this occurred I just emailed them and resigned with notice. Amazingly they laid off me then to get work done. Anyway i retracted my resignation within hours and worked another 4 months, when they pushed me out the door basically.
Actual question: based on me "quitting" and they accepted me to stay, (it's now a legal issue), their lawyer claims I have no merit to Breach of Contract (based on their interference) because I "quit". They're also claiming we had a written contract agreement which literally never existed and refuse to show me this phantom contract.

 

[txls]

I'm not quite sure I understand your question. It seems like you are claiming breach of contract, then you say there is no contract.

 

[army judge]

More to this story than this question, but worked as a Contractor which I never should have accepted the status of, because they controlled everything I did, I relocated for the "project" of being their Controller full time, and the only financial role in company.... Loaded an extreme amount of work on me, deadlines would be set then demanded days earlier... Finally one time this occurred I just emailed them and resigned with notice. Amazingly they laid off me then to get work done. Anyway i retracted my resignation within hours and worked another 4 months, when they pushed me out the door basically.
Actual question: based on me "quitting" and they accepted me to stay, (it's now a legal issue), their lawyer claims I have no merit to Breach of Contract (based on their interference) because I "quit". They're also claiming we had a written contract agreement which literally never existed and refuse to show me this phantom contract.

Hire a lawyer.
Your issue is far too complex for our little site.
Good luck.

 

[Legalegal]

Sorry it is complex, dealing with some ruthless people including their lawyer. There's literally no written contract, they're claiming there is one and it ended, even tho that wasn't the verbal case. I wouldn't have relocated myself for a six month lease if I knew this would end in two months. Think best option is to go to IRS to get classified as an Employee, then dept of labor for the overtime wages they got away with not paying me for and taxes, was working 60-70/ week. They didn't like that I questioned them controlling my hours since I'm a contractor have that right, he fired me on the spot

 

[Legalegal]

Sorry it is complex, dealing with some ruthless people including their lawyer. There's literally no written contract, they're claiming there is one and it ended, even tho that wasn't the verbal case. I wouldn't have relocated myself for a six month lease if I knew this would end in two months. Think best option is to go to IRS to get classified as an Employee, then dept of labor for the overtime wages they got away with not paying me for and taxes, was working 60-70/ week. They didn't like that I questioned them controlling my hours since I'm a contractor have that right, he fired me on the spot... Then "let" me stay so long I didn't report anythjng and just enough time for him to hire someone else, train her under pretense we'd be working together then just started cutting me out of everything.

 

[Betty3]

You might run it all by a lawyer. It "seems like" you might have been treated as an IC but should have been treated as an employee.

 

[Legalegal]

Yes that is correct, paid as contractor that only they got the benefit of. I'm stuck with no job, no unemployment benefits and an apartment lease I only have Cuz of them, was living with my mother before. Thank you all for trying to help !!!!

 

[txls]

You can file for unemployment benefits. You can also call DOL regarding being paid as contractor and not employee.

 

[ElleMD]

If you were truly a Controller, chances are you would not be eligible for OT even if you were an employee. you can try to apply for unemployment and file with the wage and hour division and claim you were really an employee. Based just on what you shared, it is impossible to know whether that argument would fly or not.