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pi314159-ish

Guest
California is where I live and work.

My contract does not have the line "this agreement may be terminated by either party at any time with or without notice" which is a line I am accustomed to seeing.

The only reference to time frame is in the "Term of Contract" which states the agreement is valid through Dec. 31st.

The contract also states that "contractor shall determine the method, details, and means of performing the above-described services, (Company) shall have no right to, and shall not, control the manner or determin the medthod of accomplishing Contractor's services."

I just got out of a meeting (more of a fight) where I was defending a method I chose and my 'superior' (also under contract but no contract between me and my 'superior'--another indication that my position is really more of an 'employee' than a 'contractor') disagreed with my method so she told the Company and they had a talk with me and told me to do things "their way" which is blatantly trying to control my method.

If it is true that they have broken that part of the contract, would it be true to declare the document invalid? There is the standard clause of "invalidity or unenforceability of any provision herin shall not affect the validity or enforceablility of any other provision herein" but that doesn't say anything about if the Company outright violated a section of the agreement.

Basically, I want to walk off and not come back. Can I do that or am I stuck until Dec 31 no matter what?
 


BelizeBreeze

Senior Member
No contract can be interpreted by dissecting it's individual parts. It must be interpreted as a whole. Therefore, unless you can hold it up to the monitor so we can read it, take it to a local attorney for an opinion.

From what you posted here, and ONLY that, you are wrong in your assumptions.
 
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pi314159-ish

Guest
Thanks for the reply.

You're saying I am wrong in my assumptions...are you referring to the part of violating a section of the contract, whether or not the remainder of the document is valid?

I think the part about a contractor being able to control their own "method, details, and means" is fairly straight forward. I mentioned that section of the contract to them during our meeting and they continued to tell me that I must use the methods described in their manual. That seems cut-and-dry to me.

It appears I am being illegally classified as an independant contractor because they are controlling me as only an employee can be controlled.

If you want I'll post the whole contract (minus identifying and personal information)...it's only about 3 pages long.
 

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