My question involves independent contractors in the state of: TX
Hi all,
I entered into a contract with a local inspection company this past year. The situation is very confusing, as I believe there are many issues at hand. I'll try to tackle these one at a time. The work is ongoing inspection work, meaning I generally would have the same jobs each month over and over again. Inspections are generally performed once per month, but can change at the discretion of the company's client.
1) Contract states that if either party wishes to terminate, it must be done in writing. I issued the required 7-day notice in writing. The contract states that the company can back-charge me for work that is left incomplete as of the date of termination. Date of termination would be the last day of the 7-day notice period. At the time I gave written 7 day notice, I had roughly 150 inspections still due, which ordinarily would be no problem for even half of the 7 days. Company removed all work from me two days after I gave notice--this action made it completely impossible for me to complete any of the work. They never provided written notice and to this day have never stated that they terminated the agreement, either in writing or otherwise.
2) Company now is attempting to back-charge me more than $2,000 because they claimed that I did not complete the work. But they interfered with my ability to perform because they removed all work from me. I had sufficient time to complete all work, but due directly to their action, I was not permitted to. I believe that this is improper and not even legal, any thoughts?
3) Company is now claiming that they can back-charge me for work that was never even assigned to me in the first place. The work in question is well outside of the area that I was assigned/hired to work and I was never assigned even one of those jobs. How can this be allowed?
4) Company claims I am independent contractor. But company treats its contractors as employees. The work that I do is 100% vital to the company--they simply do not have any business at all without the field inspectors, which are all classified by company as IC's. The work we do is the exact work that the company exists to perform for its clients. Company contacts inspectors and demands that they work certain inspections on certain days, thus exercising some control over the IC and the manner in which the work is done. Work is recurring, with most of this month's jobs being the same as the ones I did last month, and so on. Contract contains a non-compete that states the IC will not work ANY similar work, within 100 miles of any job location worked for this company, for three years. This is rather excessive and prohibits an IC from actually working in the field at all unless they move to another state, basically. Sounds to me like this is not a company-IC relationship. Any thoughts?
I am now pursuing potential action against them for unpaid earnings. Their explanations, all in email, are either completely ridiculous or they simply ignore the questions I have asked. I have asked three times, still have no answer as to why they are charging me money for jobs that were always someone else's responsibility and that I had never even heard of before. Company pays once per month, and has "held" my entire last month's earnings because they claim they can do all of this, even though their contract is clear and does not agree with their actions at all. I'd like to know what you guys think....thanks in advance
Hi all,
I entered into a contract with a local inspection company this past year. The situation is very confusing, as I believe there are many issues at hand. I'll try to tackle these one at a time. The work is ongoing inspection work, meaning I generally would have the same jobs each month over and over again. Inspections are generally performed once per month, but can change at the discretion of the company's client.
1) Contract states that if either party wishes to terminate, it must be done in writing. I issued the required 7-day notice in writing. The contract states that the company can back-charge me for work that is left incomplete as of the date of termination. Date of termination would be the last day of the 7-day notice period. At the time I gave written 7 day notice, I had roughly 150 inspections still due, which ordinarily would be no problem for even half of the 7 days. Company removed all work from me two days after I gave notice--this action made it completely impossible for me to complete any of the work. They never provided written notice and to this day have never stated that they terminated the agreement, either in writing or otherwise.
2) Company now is attempting to back-charge me more than $2,000 because they claimed that I did not complete the work. But they interfered with my ability to perform because they removed all work from me. I had sufficient time to complete all work, but due directly to their action, I was not permitted to. I believe that this is improper and not even legal, any thoughts?
3) Company is now claiming that they can back-charge me for work that was never even assigned to me in the first place. The work in question is well outside of the area that I was assigned/hired to work and I was never assigned even one of those jobs. How can this be allowed?
4) Company claims I am independent contractor. But company treats its contractors as employees. The work that I do is 100% vital to the company--they simply do not have any business at all without the field inspectors, which are all classified by company as IC's. The work we do is the exact work that the company exists to perform for its clients. Company contacts inspectors and demands that they work certain inspections on certain days, thus exercising some control over the IC and the manner in which the work is done. Work is recurring, with most of this month's jobs being the same as the ones I did last month, and so on. Contract contains a non-compete that states the IC will not work ANY similar work, within 100 miles of any job location worked for this company, for three years. This is rather excessive and prohibits an IC from actually working in the field at all unless they move to another state, basically. Sounds to me like this is not a company-IC relationship. Any thoughts?
I am now pursuing potential action against them for unpaid earnings. Their explanations, all in email, are either completely ridiculous or they simply ignore the questions I have asked. I have asked three times, still have no answer as to why they are charging me money for jobs that were always someone else's responsibility and that I had never even heard of before. Company pays once per month, and has "held" my entire last month's earnings because they claim they can do all of this, even though their contract is clear and does not agree with their actions at all. I'd like to know what you guys think....thanks in advance
Payment Disputes: Contract Disputes, All Thoughts Welcome
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