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Breach of Contract

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denzelle

Junior Member
What is the name of your state (only U.S. law)? I am in the State of NJ

I am an independent contractor under written contract with a transportation and logistics company located in Pennsylvania. The term of the contract clearly states that I can accept or refuse any job(s). I refuse a job from the contractor, and the contractor immediately threatens termination of my services. I do beleive this action by the contractor violates the contractor relationship, thus effecting an employer-employee relationship. Also, the binding contract states, that either party who wishes to terminate the contract must do so in writing 10 days by U.Smail, or by fax.

I see two breaches of the contrat here; first, the employer attempting to force his will for me to accept a job, then threatens termination for refusal to comply. Second, no 10 day advance notification given to terminate contract. My question is, what legal remedies I can pursue for these breaches of the contract?
 


Zigner

Senior Member, Non-Attorney
Does the contract REQUIRE him to give you any business?


What is the name of your state (only U.S. law)? I am in the State of NJ

I am an independent contractor under written contract with a transportation and logistics company located in Pennsylvania. The term of the contract clearly states that I can accept or refuse any job(s). I refuse a job from the contractor, and the contractor immediately threatens termination of my services. I do beleive this action by the contractor violates the contractor relationship, thus effecting an employer-employee relationship. Also, the binding contract states, that either party who wishes to terminate the contract must do so in writing 10 days by U.Smail, or by fax.

I see two breaches of the contrat here; first, the employer attempting to force his will for me to accept a job, then threatens termination for refusal to comply. Second, no 10 day advance notification given to terminate contract. My question is, what legal remedies I can pursue for these breaches of the contract?
 

denzelle

Junior Member
The contract does not state that the contractor has to supply job(s), but if contractor does, I have the right to refuse any job, which does not subject me to violation of contract for services not performed. The question here is, that once I refuse to accept a job, and the contractor threatens immediate termination for refusal to comply, then the contract has been breached, because the contractor is dictating what I must do, thus effecting an employer-employee relationship. Once a contractor dictates how the sub contractor will perform services, then the sub-contractor-contractor relationship becomes that of an employer-employee relationship, thus breaching the contract. I would like to know what legal recourse I can take against this breach.
 

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