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Is this Breach of Contract??

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NickL30

Junior Member
What is the name of your state? Connecticut

I was hired as a 1099 contract employee for an IT company and then assigned to work at the clients site. There are 3 parties in this relationship -- the tech company that is paying me and wrote the 1099 contract, the company which I am contract for and the 'end client'.

The duration was supposed to be 6+ months starting November 2007. In the 1099 agreement which myself & the contracting agency signed there is NO mention of AT Will employment. It says that 'either party' must give 30 days notice upon termination of the contract. If I were to leave without giving 30 days notice, I would forfeit 30 days pay as liquidated damages.

Now unfortunately it is not going well and they want to terminate the contract. This was announced in open plain view in front of maybe 50 other employees as well as how my team leader wasn't happy with my performance. I won't get into it, but it was very unprofessional.

If they terminate me on the spot for a transgression which is hardly anything related to misconduct, would any of the parties be liable for breach of contract on their end?? Like I said, nothing in the 10 page agreement says anything about AT WILL just what I mentioned above.

I was also supposed to get $1,000 sign on upon starting which was stated in email. I have yet to see this money. I figure I would go after them at the end if it wasn't paid as well as maybe reporting to the IRS for misclassification of 1099 when I absolutely should be W-2.

IMHO, this is because they want to move the work offshore 'India'. I am the only American on this 7 person team and most of the time they talk in Hindi amoung themselves.
 


ecmst12

Senior Member
You will have to have the contract reviewed in full by a local employment/contract attorney to get the answers to your questions.
 

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