Consultant and employee agreements

[CaliConsultant]

California. I received and signed a consultant agreement for work in California for one year although there is a 30 day out clause. I have been working and have been paid per the agreement, however the company has come back to me not with the countersigned agreement, but with several versions of new agreements including more days in the office although this is a telecommuting position. Is this LEGAL? Now they have threatened that if I don't sign this new agreement which requires me to indemnify them for whatever (known or unknown items) they will not pay me past a new deadline. Please advise if this is legal and how best to proceed. Thank you!

 

[adjusterjack]

There's no way anybody is going to answer that question without reading the agreement and this site prohibits people from posting contracts for review.

So I'll speculate.

IF it's a bona fide CONTRACT and
IF you signed it and (hopefully) kept a copy and
IF the other party performed under the terms of the contract then

It MIGHT be enforceable as is, even without the other party's signature.

Note all the IFs and the MIGHT.

I suggest you take your contract to an attorney and review your options.

Certainly don't act on any of my meager speculations without the advice of counsel.

 

[HRZ]

It makes no sense that an employee is required to hold his employer harmless for unknown things....and it suggests you have the proposed employee consulting contract reviewed by counsel in CA before you sign it .

 

[eerelations]

It makes no sense that an employee is required to hold his employer harmless for unknown things....and it suggests you have the proposed employee consulting contract reviewed by counsel in CA before you sign it .

OP is not an employee.

 

[adjusterjack]

OP is not an employee.

That's not exactly clear yet. The title of the thread is "consultant and employee agreements."

The company appears to be trying to exert the type of control one exerts over an employee.

 

[eerelations]

That's not exactly clear yet. The title of the thread is "consultant and employee agreements."

The company appears to be trying to exert the type of control one exerts over an employee.

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