QUESTION
I am considered an idependent contractor with Allstate Insrance Co as a licensed agent. I have been with the co for 11 years. When I started back in 1999 I signed a contract limiting me to sales within that company alone. Since that time I have seen my original contract change several times without any new signature on my part. When anyone (including myself) asks if this is possible the company says they can change the contract and if we don't like it take it to court and they will tie it up till our grandkids have grandkids. With all that being said they have terminated my so called contract not for the very weak reason stated but in reality for not meeting their personal sales agenda which they obviouly don't enough to go on. Since I'm not considered an employee would I seek help under business law, contract law, or wrongful termination?
Asked on Feb 25th, 2011 on Business Law - Michigan
More details to this question:
I am considered an idependent contractor with Allstate Insrance Co as a licensed agent. I have been with the co for 11 years. When I started back in 1999 I signed a contract limiting me to sales within that company alone. Since that time I have seen my original contract change several times without any new signature on my part. When anyone (including myself) asks if this is possible the company says they can change the contract and if we don't like it take it to court and they will tie it up till our grandkids have grandkids. With all that being said they have terminated my so called contract not for the very weak reason stated but in reality for not meeting their personal sales agenda which they obviouly don't enough to go on. Since I'm not considered an employee would I seek help under business law, contract law, or wrongful termination?
2 ANSWERS
Labor and Employment Attorney serving Atlanta, GA
2 Awards
I am not familiar with Michigan law. However, the termination of an agreement for an independent contractor could be considered under either contract law or employment law.
Answered on Sep 06th, 2011 at 5:55 PM
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1 Award
Lynn --
Allstate has been hiring and terminating agents for decades, and the rights (or lack thereof) of the agents are fairly well settled. Those rights derive, in the first instance, from the terms of the express contracts between Allstate and the agent -- so that's where you should begin your inquiry. You should not expect much joy in this process, since Allstate crafts this relationship so that agents may be terminated essentially at will and without any liability to Allstate. You should likewise probably not both with consulting an employment attorney, since you are not an employee.
HM
Answered on Aug 26th, 2011 at 12:45 PM