Hi,
I am a private tutor. A guy who runs a training institute asked me to teach at his institute for 50 USD per hour. NO contract was signed.
I worked there for more than 6 months and I was always paid with a delay. In November he found another teacher(cheaper) and replaced me. And said he will pay me in a few weeks. In December one of his students contacted me for a 1on1 lesson (as he liked my style of teaching compared to new one).
Yesterday he asked me to come to his office to collect the payment. When I reached his office he gave me a contract and told me I need to sign it in order for him to release my payment (he kind of arm twisted me into signing the contract - as unless I sign it he will not pay the money he owes me). The contract had a non-solicitation clause of 15000 USD for a period of 3 years. After I signed it he said he will make the transfer in the evening. The transfer was not made, and next day he texted me saying I violated a clause in the contract and now I owe him damages of 15000 USD or else he will sue me. Apparently the student told him that I tutored him 1 on 1. But this was done before I signed the contract. So he kind of tricked me into signing a contract (knowing one of its term ahs already been violated) so that instead of him paying me, I have to pay him.
My question is can I still owe him damages if the contract was signed on date later than the event for which he is asking for compensation?
Import dates once again:
1) Dates worked => 1st May to 27th Nov
2) Student Tutored 1 on 1 => 18th Dec
3) Contract Signed => 14th Jan
(another detail - he asked me to put the date on contract as 31st December which I did). So signed date on contract is 31st December
Would really appreciate if someone can provide his/her input. Also please let me know if you need any more details.
Thanks in advance.
Som
I am a private tutor. A guy who runs a training institute asked me to teach at his institute for 50 USD per hour. NO contract was signed.
I worked there for more than 6 months and I was always paid with a delay. In November he found another teacher(cheaper) and replaced me. And said he will pay me in a few weeks. In December one of his students contacted me for a 1on1 lesson (as he liked my style of teaching compared to new one).
Yesterday he asked me to come to his office to collect the payment. When I reached his office he gave me a contract and told me I need to sign it in order for him to release my payment (he kind of arm twisted me into signing the contract - as unless I sign it he will not pay the money he owes me). The contract had a non-solicitation clause of 15000 USD for a period of 3 years. After I signed it he said he will make the transfer in the evening. The transfer was not made, and next day he texted me saying I violated a clause in the contract and now I owe him damages of 15000 USD or else he will sue me. Apparently the student told him that I tutored him 1 on 1. But this was done before I signed the contract. So he kind of tricked me into signing a contract (knowing one of its term ahs already been violated) so that instead of him paying me, I have to pay him.
My question is can I still owe him damages if the contract was signed on date later than the event for which he is asking for compensation?
Import dates once again:
1) Dates worked => 1st May to 27th Nov
2) Student Tutored 1 on 1 => 18th Dec
3) Contract Signed => 14th Jan
(another detail - he asked me to put the date on contract as 31st December which I did). So signed date on contract is 31st December
Would really appreciate if someone can provide his/her input. Also please let me know if you need any more details.
Thanks in advance.
Som
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