Contract Pay

[bitterlogic]

What is the name of your state (only U.S. law)? PA

I signed a contract for a promotional job stating I'd do 3 demonstrations.

I have completed 2 and the third starts on Thursday. If I am unable to do the third one, does this mean I will not get paid for the first two I completed?

The contract doesn't state anything about not completing all the shows, just says the dates they are and the pay rate. Thanks

 

[pattytx]

Possible. You signed a contract for three, not for two.

As an employee or an independent contractor?

I suggest you not take the chance and figure out some way to complete your contractual obligation.

 

[justalayman]

if you do 2 instead of 3 you will be in breach of your contract. Does the contract address what might happen should you breach the contract?

You might want to be real sure there isn't some penalty to you for not performing. If they have to replace you, you might be liable for the costs to replace you. or you might be liable for their losses due to your no show.

Being a contractor is the same thing as being an employee. You contracted to perform as the contract requires and your failure could result in considerable costs you might be liable for.

 

[bitterlogic]

the contract doesn't state anything about what would happen if i can't complete the three demos. Just gives the demo dates and pay structure, that's it. And the pay structure is per show.

 

[pattytx]

Being a contractor is the same thing as being an employee. You contracted to perform as the contract requires and your failure could result in considerable costs you might be liable for.

Well, not exactly. Although I agree that not fulfilling the contract would be a breach of said contract, if the OP is an employee with a contract INSTEAD of an independent contractor (with a contract), he must be paid at least minimum wage for the hours already worked, even if he doesn't do the 3rd demo.

 

[justalayman]

Well, not exactly. Although I agree that not fulfilling the contract would be a breach of said contract, if the OP is an employee with a contract INSTEAD of an independent contractor (with a contract), he must be paid at least minimum wage for the hours already worked, even if he doesn't do the 3rd demo.

due to the short term situation, I assumed he is an IC. Yes, I could be wrong. Yes, I know, even with the short term situation, he could still be an employee under a contract.

Heck with it; I just have a hunch he is an IC

 

[bitterlogic]

I'm an independent contractor. It lists the show dates in the following verbage:

"Scheduled Show dates are the following. [insert dates here]"

it doesn't say anything about me having to do them all. then it goes on to say i'll be paid X per day... so I'm assuming I still have rights to what I've already worked?

 

[pattytx]

To what you have worked, maybe. However, if you agreed to do three, and you only do two, you have breached the contract. Having said that, why don't you just ask them? Or, as I previously advised, find a way to fulfill the contract that you agreed to.