Legal Question in Employment Law in Louisiana

My church hired a man as a contractor to provide janitorial services. He in turn, hired other people, his mother and aunt to actually do the work. He has since been incarcerated and will probably not be released for quite some time. The work is still being done by the Mother and Aunt and they want to keep their job. The mother has Power of Attorney. We would like for the ladies to continue their working but don"t know if we can void the son's contract and make a new contract with the ladies or should we finish out the remaining five months on his contract and then contract the ladies. My question is this, Is he breaching his contract by not being available even though the services are still being provided at present?


Asked on 2/05/12, 2:09 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Read the contract. If it reads that he must be there, then you can void it. However, although you only contracted with him, you allowed his "employees" to do the work, so you cannot use the argument that he did not actually do the work. I suggest you draw up a document and check with the jail to see how you can get him to sign it wherein you mutually void the contract. Assure him that a new contract will be entered into with his Mother and Aunt. Check to see if you have a morals clause in the cotract that his incarceration may have violated. That's another way out.

Read more
Answered on 2/05/12, 4:18 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Louisiana