Legal Question in Business Law in California
contract law and sexual discrimination
I am the owner of a first aid distributorship for 26 years. My parent company is cancelling my ownership because I failed to meet my sales goal. According to my contract I have nine months to continue business and find a buyer all while continuing to purchase product from them. The parent company is refusing to abide by the contract and furthermore there are two other distributorships that are in the same situation. The parent company has re-negotiated with them but is refusing to do so with me. I am the only female owner and the other two are male.
Is this discrimination or a contract dispute?
2 Answers from Attorneys
Re: contract law and sexual discrimination
It appears to be breach of contract for which you are entitled to damages. I see no clear evidence of sexual discrimination.
A discrimination suit will be very difficult to prove unless all factors are similar. You have not provided those data. In other words, we do not know if the two other distributors had the same measure of failure, or how long they have been in contract with the distributor. You, however, have 26 years of history with which to compile a reasonable measure of the income you have lost.
One of your remedies is to purchase from another distributor and seek reimbursement from the original distributor for any additional costs etc.
Additionally, most contracts contain a remedies clause. Review your contract to see what may be done.
Re: contract law and sexual discrimination
It's a contract dispute unless you can overwhelmingly show the motivation to be discriminatory. Deal with it, make your best arguments, including discrimination if supportable. Feel free to contact me for the legal help you'll need either way, if this is a situation in Calif where either you or the parent is here.
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