Legal Question in Employment Law in Illinois
my status as an independent contractor
I am employed as an independent contractor delivering
newspapers for a local publisher. According to my
contract: ''Publisher agrees to make papers available
to Contractor at the agreed upon time. In the event
Publisher is unable to make newspapers available as
set forth above, Publisher agrees to compensate the
Contractor in an amount agreed upon by both parties.''
Later in the contract it states: ''Either party may
terminate this agreement immediately upon written or
verbal notice to the other party ir the latter is in breach of
its obligations hereunder.'' At least 1/2 the time the
papers are not available at the ''agreed upon time.'' My
supervisor informs me that this time is 2:45 AM, but it
fluctuates. She also says that the contract is written in
such a way that the publisher is NEVER in breach of
conrtract. (The contract does not specify an ''agreed
upon time'' or any compensation if the papers aren't on
time.) My question is: is the company in violation of the
contract if the papers aren't on site by 2:45? Would I be
able, with verbal or written notice, to terminate my
contract then and there?
1 Answer from Attorneys
Re: my status as an independent contractor
It is hard to tell you what your obligations are without seeing the entire contract. A contract is read as a whole and not in parts. Therefore, although it sounds like you can cancel, I could not tell you for sure unless I reviewed the contract. Have a lawyer look at it for you - it's not expensive and you can ensure you comply.
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