Our ICA is a standard Massachusetts ICA taken from online. I am essentially this man's driver. He lost his license for 5yrs but is in sales and needs to be able to get to all his accounts. I started working for him on Feb 19 and our agreement is till next Feb, where we will renegotiate the terms.The termination clause states that either party needs to give 30 day notice in writing to terminate the agreement early. With that said, Monday I arrived at his place and he texts me that he had been arrested on Saturday because he drank and violated his probation, and was at court. He said he was fired from his job because he was going to jail. Long story short he lied and was quitting. I said we have a contact and you owe me $, he said sue me/ his "lawyer" said he doesn't have to pay(lies).
It is legal to break a contract but when a person does, they will be liable for damages. Here it would appear that you are entitled to damages for the 30 days of lost pay, at least. The amount may not be large enough to warrant significant litigation but you could still file a small claims action against him for the amount equaling 30 days compensation. There may be a misclassification case here too but it sounds like you may have a hard time collecting from this guy in any event. Consult with an attorney to review the written agreement and advise you on the best course of action.
The Massachusetts Rules of Professional Conduct require that Ken DeMoura's AVVO attorney-profile and any response or information provided by Ken DeMoura on the AVVO website be labeled ADVERTISING. This is not a solicitation for legal business. The information provided here is not legal advice and no attorney-client relationship is created between the reader and Ken DeMoura or DeMoura|Smith LLP through this information, response or profile. An attorney-client relationship will only be created when Ken DeMoura and DeMoura|Smith LLP agrees to an engagement in a written and signed engagment letter.
General Practice Lawyer
I am sorry about this. Just like any contract, you have a breaching party and a non-breaching party. He did not give enough notice and terminated the contract early. Hire an attorney and start the litigation process. A Judgment is good for 20 years.
The information on this site is not, nor is it intended to be, legal advice. Attorney Satterwhite invites you to call or e-mail for more information, however, visiting his website or contacting him does not establish an attorney-client relationship. Please do not send information that may be considered privileged or confidential prior to establishing an attorney-client relationship.
Employment / Labor Attorney
Call an employment attorney. You may be an employee and not an IC. That said, you may have a better claim as an IC. In either case you should speak to an attorney and bring the contract for review.
Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.
I agree with Attorney Demoura - take your matter on your own to Small Claims Court. Good luck and best regards, Rob Fortgang - Employment Law Attorneys serving Massachusetts and Connecticut / 800-932-6457 / 413-658-8500 / 774-329-3412 firstname.lastname@example.org
ROBERT FORTGANG ASSOCIATES, LLC - DISCLAIMER These materials have been prepared by Robert Fortgang Associates, LLC and are to be used for informational purposes only. These materials are not intended, and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney–client relationship. Additionally, any submission or receipt of such information via any means of transmission does not create an attorney-client relationship. Internet subscribers and on-line readers should not act upon any of the information contained on this web site without seeking professional counsel. Please do not send us information until you speak with one of our lawyers and receive authorization to send that information to us.
Real Estate Attorney
You should take your agreement to an attorney for review. It is quite possible that you were improperly classified as an independent contractor, and that you have viable wage claims. A lawyer may very likely be able to take your case on a contingent basis. You will want to retain counsel to send a demand and then file suit to recover your damages. Best of luck.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on generalized Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question.