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going to be sued for breech of contract

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jb1020

Junior Member
What is the name of your state?What is the name of your state? New Hampshire

I was hired by a small business to help with graphic design. I signed a one year contract, but I could leave if I gave a 60 day notice. This is a very small design firm, just a husband and wife, and me. Also, I'd like to note that it is in their home office as well. THe husband really just does all the books and the wife is the designer. After working for only 3 months, I lost my childcare. but I didn't actively search for new daycare, and here's why: The husband had (on more than one occassion) come on to me and he also left a message on my cellphone asking me to have lunch with him. So, because I didn't want to tell the wife (she is so sweet) I told them that I couldn't find anymore daycare. The husband also was giving me an attitude because I turned him down (of course) and he said that I am breaking the contract and they either want all the money back that they have paid me so far, or they are taking me to court. Well after I got that email from him (on her email address) I sent back quite a descriptive letter about how the only reason I wanted to leave was because of him, and how his behavior was inappropriate and also how I felt that if he sued me, it would be in retalliation. keep in mind that this was her email address and now I am sure she knows about it now!

So my question is, do I have a defense to breaking the contract, and is there sexual harassment even if I am not really an employee? I do not have any proof of this harassment. I was just trying to get out of the situation without hurting anybody, namely his wife. I was thinking, at least I didn't sue him, am I right?
 


JETX

Senior Member
jb1020 said:
do I have a defense to breaking the contract
Not based on your post.

they either want all the money back that they have paid me so far, or they are taking me to court.
And of course, that is ridiculous!! There is no way a court would 'award' them that way. Read your contract and see what, if anything, it says about consequences of breach.... then tell them to go ahead and file. The courts will laugh them out of the room.

and is there sexual harassment even if I am not really an employee?
That would depend on a FULL review of the facts. You may have misunderstood about the 'come-on'.... and there is nothing wrong with him asking you out to lunch.
 
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jb1020

Junior Member
You know what, you are being a jerk. Just like everyone else on here, I wanted some advice, and I posted it in two different forums. Shoot me. What is the matter with posting it on two forums? This is always the same no matter what kind of message board it is....people always writing back with some kind of attitude problem. Seems like common practice for message boards.
 

jb1020

Junior Member
and for your information, I did get two different answers...one filled with attitude from you, and then the first on one this forum. And JETX, thank you.
 
I won't enter the discussion as to whether you do or do not have a sexual harrassment suit. But it seems to me that the husband/wife team would have to spend money and/or resources defending one.

Maybe everyone can call it a draw. Who knows?
 

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