employment-at-will language in nh contract

[neilh]

I recently signed a 1099 contractor's agreement to write software at a New Hampshire company. The contract states the "term of employment being temporary for 3 months...up to 40 hours per week" but also later states that "employment at the company is on an 'Employment-at-Will' basis." I worked 7 of the 12 weeks allotted in the contract before they laid off the entire team I was contracted to do work for, which included me.

I'm wondering now if I have grounds to have them pay me for the rest of the 3 months of the contract. I looked up one definition of employment-at-will and it said that "in the absence of more specific language" the relationship will be that either the employer or employee can terminate the contract at any time. But with my contract, there is more specific language. I'm wondering, then, if I have a claim to the remaining five weeks.

Any help would really be appreciated.

Thanks,
Neil

[Pattymd]

You definitely need this agreement reviewed in its entirety by an attorney. "At-will" employment is a concept generally based upon there being an employment relationship, which you did not have. You had a contractual relationship. Most agreements between companies and ICs contain terms under which either party can cancel the contract and what payment may be due under the circumstances; however, I've never seen "at-will" used in an IC contract.

[neilh]

Thanks for the info. Unfortunately, this was my first experience as a contractor, and so the language in the contract is very vague. The only specifics it says are quoted below.

I guess I'm just wondering if it's vague enough that I might have a claim, and so whether it would be worth getting a lawyer to look at.

Thanks again,
Neil

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"________ Technologies is pleased to offer you the position of Software Engineering Consultant."

"Reporting to Mr. ____ _________ directly, your compensation will consist of an hourly salary of $_____ paid biweekly every other Friday, up to 40 hours per week."

"This is a non exempt position that requests the prior approval of your supervisor to work overtime."

"Being the term of employment temporary for 3 months, you do not qualify for _________ Technologies' benefits other than direct deposit."

"Employment at ____________ Technologies is on an 'Employment-at-Will' basis."

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[Pattymd]

OK, now that I've seen that, everything points to your being an employee, not an independent contractor, and it appears that you very likely have been misclassified. The terms "at-will employment", "nonexempt", "employment temporary not eligible for benefits", etc.

I would not see this as a contract as much as an employment agreement/offer. Either way, however, there are no terms in the agreement that obligate them to pay you for any time that you did not work. I don't see a legal case here. Sorry.