Legal Question in Business Law in Texas

breach of contract?

As an independent contractor I entered a written agreement with a company which under the terms of compensation stipulate a ''guaranteed monthly fee'' and under the terms of termination stipulate that termination can occur with or without cause by either party giving written notice of desire to terminate the agreement and upon termination consultant shall be paid pro rata per service rendered and not yet paid. At the end of month ''A'', in the middle of the week on the day before a four day holiday weekend, I was given notice of termination effective immediately via telephone. I asked if I could submit an invoice to be paid and was told that no one was in the office that could process the invoice so it would have to wait until the following Monday. On the next Monday morning, which now also marked month ''B'', I submitted an invoice to be paid on and was told that payment would be released via electronic funds at midnight that day. Two days later I had not received the electronic funds and was told a different story. I then gave notice that the contract termination had not yet been properly serviced and that may mean obligation to full compensation for month ''A''. I have yet to receive either notice nor compensation.


Asked on 12/08/08, 4:48 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: breach of contract?

The first problem I see is that you were not terminated per the contract. Second of all you haven't been paid. The question for me would be what the forum state is in per the agreement, because you do have a legitimate complaint. However, having a legitimate complaint for nonpayment and actually getting the money are two vastly different things.

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Answered on 12/08/08, 6:24 pm


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