What is the name of your state (only U.S. law)?
What is the name of your state (only U.S. law)?
Sorry...here it is again
I took a contract job for a place I used to do independent contracting for. I worked in the office for them 3 years ago and now I am doing a job for them from home. I hated the job then because of the one guy I did work for. He nit pick everything I did. Granted some stuff were errors I didn't catch but other things were because he looked over everything so closely to the point where he'd say that he didn't have time to do his work because he had to make sure I was doing everything right. It got to the point where I was scared to death to turn anything in to him and spent two hours just looking it over again and again on the screen moving things a millimeter because I thought he'd comment on it. I went to work freaked out everyday. Well 3 years later working from home it's no different. He is criticizing everything and I am not living up to his expectations and getting the same comments that he can't spend as much time as he does looking at my work because he is not able to do his. Well he's the one who asked me to do this project!
The payment for the project was to be $6400. $1600 for each segment of the project. Well I am just about done with segment 1 but I just can't see me doing the rest, especially since I have another project going that is keeping me just as busy (and one I enjoy WAY more because the people are nice!). The one I want to quit said it was going to start in October and then they put it on hold because they couldn't get a signature and said it wouldn't begin until the beginning of 2013. Well in December I got invited to work on this other project and I accepted not knowing if this one I now hate would start in January or March or what. So my excuse to them is that I accepted this other job after this one got put on hold and it is taking up too much of my time and it doesn't allow me to spend the needed time on their project and I can't seem to do things the way they are needed anyway. Here is a section from the contract and I can't figure out if this would harm me or not:
"Contractor will provide the Work in accordance with the descriptions, specifications and delivery schedule in the applicable Schedule. If a Schedule does not set forth a delivery schedule or milestones for the Work, then Contractor will provide such Work such with due diligence under the circumstances. The parties agree that time is of the essence for Contractor's performance hereunder. Contractor will promptly notify of any delay or anticipated delay in the provision of the Work, the reasons for the delay and the actions being taken by Contractor to overcome or mitigate the delay. Contractor will provide the progress reports in the form and with the content requested by Contractee. Contractor will notify Contractee promptly of any factor, occurrence, or event that may affect Contractor's ability to meet any deadlines set forth in the Schedule. However, such notice shall not relieve Contractor from any responsibility or liability arising from any failure to meet such deadlines."
Can I get away with backing out of this job without a problem? I mean I AM an independent contractor and the other job I'm doing has people quitting left and right!
As an independent contractor, employment laws do not apply to you.
So the answer to your question depends on whether your contract says you can, or not.
Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
I should also add the the contract also says this:
"Contractee may terminate this Agreement or any Schedule and cancel Contractor's services, or a portion of such services, hereunder at any time without cause and without further obligation to Contractor except for payment due for Work performed prior to the date of such termination (not to exceed the amount payable for the Work milestone immediately following the last accepted Work milestone, if any)."
So it says that the company I'm doing work for can terminate me at any time without reason but it doesn't say anything about me doing the same to them. So....does this mean I can quit whenever without reason?
I did my corrections and sent those in. I followed that up with an email saying that the job wasn't a good fit and I that the guy who is editing my stuff is stressing me out because he is making me second guess everything I do. Kind of a snide remark but it's true! Been a couple of hours and haven't heard anything back yet.
OP: “Since the principal has reserved the right to terminate the agreement at its pleasure, can I do likewise?"
Ld: “I don’t know. Why don’t you ask them?"
Perhaps you might try asking around, Ld, to see if you can learn something about contract law and add it to your unlettered, microscopic knowledge of American Jurisprudence!
Here, for instance the principals of MUTUALITY OF OBLIGATION and CONTRACTS OF ADHESION!