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According to labor law, independent contractors are guaranteed multiple rights such as the right to contract, choose where to work, how to work, and manage their own business. As an independent contractor, Amier enjoyed working for Amazon and was appalled when the company banned his account without any apparent reason. Since Amier would like to restore justice, he can sue Amazon for wrongful termination, though doing so would be harder than if he were Amazons employee. In North America, independent contractors have more limitations than employees, which makes it more difficult to prove that an end to the partnership was unfair.
Yet, it is possible as evidenced by Sarnelli v. Effort Trust Company where a locksmith filed a wrongful dismissal claim against a private business owner. The plaintiff had been working for the respondent for ten years and was fired without any notice. The court ruled that the termination was indeed wrongful; however, the plaintiff was mainly able to win the case due to one specific nuance: he was a dependent contractor. During the investigation, it has been established that the plaintiff depended on the employer for the lions share of his yearly income, and the employer was his main source of work.
Amier may want to prove that he too is a dependent contractor. Alternatively, if the status of a dependent contractor does not quite apply, he can prove that he did not violate any clauses of the contract leading to termination. Amazon may ban for selling poor-quality products, selling illicit items, breaching copyright laws, late shipments, and other types of misconduct. The case description does not contain any information about whether Amier did any of that. If he can prove that he did not, he might as well win the case or at least has it settled by Amazon.
Work Cited
Sarnelli v. Effort Trust Company, 2011 ONSC 1080 (CanLII) (2011). Superior Court of Justice. Web.
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