Court Determines If He Was a Properly Terminated Independent Contractor
Henry Goldman moved for summary judgment on his claims against Riverso Associates, Inc. and its principal, Vincent Riverso, for unpaid wage supplements and statutory penalties under the Labor Law, and related relief under the parties’ contract. RAI and Riverso made a cross-motion for summary judgment dismissing the complaint.
Goldman began working for RAI and Riverso in July 2017. According to Goldman, he was hired as a Claims Analyst, whose duties included review of correspondence, project documents, project schedules, project estimates and costs, problems or delays, and the preparation of narratives describing any issues on the project. He stated that the job had formerly been performed by a salaried employee of RAI. After Goldman worked there for several months, the parties entered into a contract that was entitled “Agreement for Services,” which described Goldman’s services as “construction claims consulting, schedule analysis, estimating and project management.” The agreement provided for a term from November 1, 2017 through December 31, 2021, which could be terminated by either party upon two weeks’ written notice. The agreement also provided that Goldman was to be compensated at a rate of $175.00 per hour, and that he would invoice RAI on a bi-weekly basis for actual hours worked.
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