Legal Question in Business Law in Texas

Contract Dispute

I am a licensed Home Inspector and I contracted with a company to work as a contractor with a 3 year contract. From the beginning of the employment $5 was taken out of every job as an Incident fund (separate from Errors/Omissions insurance) to fund accidents, or misc. expenses . I have been with the company for 5 years now. Business is slow and they demoted me and put back on contract because they didn't want to pay the draw anymore, and expected me to go back to the previous relationship with less money.

With the reduced income, I decided to go out on my own so at least I wouldn't have to split the money from the jobs I do, and ! gave them notice and did jobs that were already scheduled before I gave notice. The split is acrimonious so they wouldn't have trusted me to do any work after that anyway.

There is as much as $5,000 in that fund that was never used and I want it back. The company is saying that I can't have it because I didn't give 2 weeks notice as outlined in the contract. But the contract has expired and there were no other written or verbal agreements made. Can the company legally keep this money from me?


Asked on 3/06/09, 5:01 pm

1 Answer from Attorneys
Edgardo Baez The Baez Law Firm, P.C.

Re: Contract Dispute

Without looking at the contract, I cannot tell you.

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Answered on 3/06/09, 5:41 pm


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