Legal Question in Business Law in New Jersey
My parent IT Consulting company is in breach of contract. According to the contract, they are supposed to increase my rate by 3.5% every 6 months. After the first 6 month, they refused to increase it. What are my options. I have good relationship with the customer, and customer asked me if I can directly come to them instead of going through my parent consulting company.
Thanks,
4 Answers from Attorneys
Possible but there are real potential problems. You need to plan this with an attorney near you who does business and corporate law, and who has represented independent contractors in fights with the employing consulting company. You may want to set it up so that you can clearly prove they are in breach, and then take action to get away from them and work for the customer. But you need legal advice first, so they can not successfully sue you!
I have seen this situation before. I may be able to help you but I need to review your contract before I can tell for sure. A lot depends on the wording of the non-competition clause. Call or email and we can get something going for you.
See also: http://info.corbettlaw.net/lawguru.htm
If you have an employment contract then you may be able to sue. However, the schedule of increases may also be subject to performance milestones or other conditions.
In addition, be mindful that you may have signed a non-compete with the consultancy firm and the customer may have signed a non-solicitation agreements which would preclude the two of you from working together directly. This is definitely something that an attorney should review.
Feel free to contact my office at your earliest convenience.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
email: Info (@) TheLegalist (dot) com
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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
I'm confident I can assist you with regard to this matter, but I'd need to review the contract and speak with you. Please feel free to contact me. 973-921-0600, www.bgartenberg.com, [email protected]. Thanks.
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