Legal Question in Business Law in Maryland
I worked as an independent contractor for an automotive parts company for 1 week of a 3 month contract which I drew up and the client signed of on. The client let me go after just 1 week of work because he told me his brother could do the work. Can I and should I file suit?
2 Answers from Attorneys
As a franchise attorney, I can say it's not possible to answer without seeing the contract terms and conditions. That said, I can't imagine you would put a clause allowing early termination if the other party decided they could do the work themselves. It sounds like a breach of contract situation. Whether you should go to small claims court or regular court depends on the amount involved. Do you have an attorneys fee clause in your contract? If you have to go beyond small claims, that's a good thing to have in your type of contract. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC
If the contract does not afford the company the right of early termination, and if you have been performing your duties properly as described in the contract, you have a breach of contract action for the loss of income. However, you have a duty to make a reasonable effort to find alternative work during the applicable period. If you were to find such work, your damages in a suit against the parts company would be the difference between the income called for in the contract and the actual income you received from the 2 or more jobs, plus any extra expenses incurred by reason of the breach.
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