Legal Question in Business Law in California
Renegotiating a Contract
I signed a contract to work as an online teacher, teaching my own class to students all over the country. I'm in Wisconsin; the company is in California. My class is very successful, and I want to continue, but I feel my compensation percentage per student is too low (30% for me; 70% for the company). Do I have any legal options for renegotiating the rate?
2 Answers from Attorneys
Re: Renegotiating a Contract
You hear a lot about renegotiation of contracts in the context of sports stars and other celebrities. Those contracts have provisions in them that allow renegotiation under certain conditions. Most contracts are firm for their duration.
However, that doesn't mean you can't ask the employer to renegotiate; you just have to consider your leverage. What happens if they just say no? You're probably stuck with the original terms until the contract expires, and you have a more or less disgruntled employer.
On the other hand, if you have an "at will" contract that can be terminated by either party, or by you, at any time, you have real leverage. You can say to them, "You talk or I'll walk."
Since we don't have slavery or indentured servitude any more, most employment contracts allow the employee to withdraw and work for someone else at any time. You are not necessarily in the exact-same category as a true employee in that respect, but still there is a strong possibility that you have the right to back out of the existing contract at any time, without liability. Maybe, maybe not. If you did, that would give you more bargaining power to ask for a raise.
Re: Renegotiating a Contract
It wouldn't hurt to broach the subject with the company. However, it might impact your credibility/reliability in the company's eyes. Perhaps you might wait until the contract term is up to renegotiate the compensation, especially if you have an excellent track record this year which you could use to your benefit.
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