Yesterday I signed an independent contractor agreement. Right after sending in the signed copy the company owner accused me of being dishonest and refused training for the work I was hired to do. The IC agreement has multiple questions regarding my status as an IC as the agreement refers to me as both an IC and an employee as well as a subcontractor. The agreement also includes a 3 year world wide non compete clause. After researching non competes and IC status I found that the Iowa Supreme Court has only addressed these issues in the context of employees, and that the IRS takes a very dim view of this restrictive covenant on IC's. The agreement also mandates when I'm to submit work, requires a time sheet, and prohibits me from working for other firms in the same field.
I wrote an email to my contact with the business and told them I was terminating the agreement due to these various issues, and instead of accepting my termination of the agreement the company wrote me back and said that I was still bound by the agreement. The email also contains a personal attack upon me and my character.
How do I make it clear that I'm no longer under this agreement? Am I stuck?
It is not possible to answer your question without seeing the agreement first.
No attorney/client relationship exists until a fee agreement is signed. This is legal information not legal advice.
Your issue would require an attorney to review the materials you have referred to in your question as well as more information than you have provided. Contact an experienced employment law attorney in your area. Use the "find a lawyer" button above.
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Depends upon the agreement's language. Written contracts are formed for a reason. One of them is to prevent parties from trying to back out after they've signed. At the same time, there are several defenses available to a breach of contract claim. It's impossible to accurately predict whether any defenses would save you. Anyone who breaches a contract always does so at the risk that the breach won't be later excused or justified somehow.
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