QUESTION

what is the proper prceedure for removing someone from my business that is erratic,affecting my business in a negative way?

Asked on Jun 07th, 2012 on Business Law - New York
More details to this question:
This person is considered an independant contractor in my business,they did put money up to help fix our area up but unfortunately it is impossible to have a rational conversation with them about there actions,erratic behavior,is late with money owed,driving business away,and makes our environment impossible to work in comfortably.Everything is in my name and there were no contracts written up as far as any partnership,promises,or agreements just verbal conversations about what money is owed and when.I was trying to help this person better themselves and further thier career by bringing them on and instead of charging money for space just asked them to pay thier part of the bills,help fix up the area for clients to be comfortable,and conduct themselves in a reasonable mannor.now i realize that is impossible,my name and reputation is on the line and they have no repercussions for unpaid bills and clients being driven away. PLEASE HELP!!!
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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In the absence of an agreement to the contrary, personal-service contracts that do not contain an express duration term and terminable at will. That means that you may rid yourself of the offending individual by terminating him, just as you would with an unsatisfactory employee. If you are concerned about the individuals behavior post-termination, you can enter into a new agreement to pay him some amount of money (that you can afford and that will be important enough to him) in return for his continuing silence.
Answered on Jun 07th, 2012 at 8:25 PM

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