Marijuana.com

BartSimpson

A major term is being abused here. "Boss" You describe yourself as an Independent Contractor with a Personal Services Agreement.

By definition, as an Independent Contractor you have Clients, not Bosses. Therefor, the subject of your post was your Client. He decided not to purchase your services any longer - for whatever reason. The test for this Independent Contractor status is through a 21 question test from the IRS; and very specifically defined so as to avoid under-the-table employment. I assume your Client was not deducting payroll taxes from your payments.

If this was determined to be an employment situation, and not that of an Independent Contractor (refer to the IRS's 21 question test), then you have significant recourse against him with the issue of payroll taxes and unemployment. The full force and weight of the IRS can crush a man instantly. He would likely quickly honor the severance issue to avoid this and demonstrate you are an Independent Contractor.

I say review the IRS definition of an Independent Contractor through the 21 question test; of course this assumes you are in the United States. I know how difficult the IRS makes this condition (having other like and similar clients, liability insurance, own the tools of the trade, maintain own hours, invoicing, accounting . . . et.al.) and bet that you have him by the balls.

I think seeking revenge by gossip to give him a bad reputation (or otherwise) is morally poor and often has rebound issues for you. Exercising the legal system is proper.

Damn that Taxman - he'll do all the work for you, and just the threat is enough for a reasonable person.

Why would your Client even tell you why he is no longer using your services, and specifically mention MJ, which he participated with you and enjoyed? Methinks baloney.

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chadwick

well only a lawyer that specialized in the field of unlawful being fired(something like that) would know all of your rights in your state and situation so that would be the best bet

but going to court saying i smoked weed with him is not a great idea but maybe you could make some money off the dick

Sec

I think Bart hit the nail on the head here.

You were employed by contract. That means, your client cannot use the work for which he did not pay. Apparently the terms of the contract were not fulfilled because you were let go and you were not paid for the service/work, so your former client does not own the rights to that work.

Although, we don't have 100% of the facts here, only your stated version, but from what you have said, you might have recourse to at least recover and protect your work.

At least consult with an attorney to check it out.

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Zilve

I've always made it an effort not to smoke or drink with people I'm employed with. It just dosn't end well

There was a boss I had not too long ago and he would talk about how he blazed all the time in college and everything. Anyway some of the kids I knew would roll blunts and smoke on their break. Sure enough as soon as our boss had a bad day and took it out on us he threatened to drop dime because we have a zero tolerance policy. Guy was a prick and while karma will get him in the end for the rest of that summer he had us paranoid stoners by the balls.

Iwasfn47

That sucks man, good call on the karma police though, very reason headed of you.

 

toothfairy420

You might want to look at copyright laws. As an artist, anything that you create, and place onto a specific medium, is automatically copyrighted, just not registered. Therefore rendering you the ability to use your work how you see fit. unless your contract prevents this. I am also a graphic designer.

Mindriot420

Here's some things I need to say: first off, you don't toke out with your employer, that's just plain stupidity, even if you go as "friends", you should've considered your career. It depends on how much you want that job/contract, and if it doesn't mean too much too you, I'd let it go, otherwise, talk to an attorney, but the facts are, you have no proof that he was toking, and him and his girlfriend can just flat-out deny this, as well as I could probably guess that Cannabis is illegal :P

But all things said, let karma deal with this fucker.

dinkydew1

Face it brother. That always happens when fratin with the admin. I`d say get a lawyer. If its a large company all the better. They would not want to drag this thru the courts. It would look bad to thier clients.Imagine the the headlines, "TWO DESIGNERS ARGUE OVER HEMP TEXTILES" !!! But really,what do ya have to loose? Ya already lost a reference from your last job,thats a bummer.Good luck with what ever you do withit !

dinkydew1

After giving it some more thought . What would be your ex friends proof of your social smoking?

troublemaker_42

Doesn't matter----in this situation especially. AS stated earlier, the guy is an independent contractor. theres absolutely no legal reason ANYONE HAS to hire this guy.

__________________
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You CANNOT strengthen the weak by weakening the strong.
You CANNOT bring about prosperity by discouraging thrift.
You CANNOT lift the wage earner up by pulling the wage payer down.
You CANNOT further the brotherhood of man by inciting class hatred.
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