Legal Question in Business Law in Florida

Software vendor retaliates against consultant from work/income

Software vendor is Canadian company; wholly owned (subsidiary) by US parent co. inc. in Nevada. Vendor uses Consultants, contracted thru 3rd-party HR firm, to perform mainframe computer application software programming tasks for Vendor's Client. Tasks require Consultant to have access (by Hardware-Key) to Client's live db (millions of global customer�s financial info.) so Client requires (known by Vendor) Consultant to agree & sign strict Security Agreement (''Consultant will not permit Key to be used/possessed by anyone else.''). Consultant falls ill & tells Vendor of illness/Dr's Rx/recuperation time. Vendor orders Consultant to give Key to another for use while recuperating. Consultant questions Vendor's order & Vendor reiterates order claiming ''Authority from Client'' to issue order. Consultant complies (as required by contract w/ Vendor) and also rightfully notifies Client of ordered breach of Key possession. Client denies Vendor has authority to give such orders and disables Key's access ability. Now when Consultant is well & able to work, Vendor gives cold shoulder, refuses to assign work, refuses to answer phone call, email or postal mail contact, cutting Consultant off from income. What laws help Consultant recover income?


Asked on 11/29/05, 10:05 pm

1 Answer from Attorneys

James Woodruff The Woodruff Law Firm, P.L.

Re: Software vendor retaliates against consultant from work/income

In order to give a complete answer an attorney would have to review the contract between the vendor and consultant or vendor and HR company. You might also request assistance by directing your question to an employment law category.

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Answered on 11/29/05, 11:09 pm


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