QUESTION
can a 1099 contractor sue for more than the amount left to be paid on the contract if she was terminated.
Asked on Oct 12th, 2014 on Breach of Contract - Virginia
More details to this question:
my daughter in law was terminated by my partner for insubordination, disrupting the company environment , failing to follow direction by her supervisor( me) failing to follow her job description and then additionally refusing to continue to work for me and demanding shares of the company. My partner terminated her mostly because she refused to work for me. I oversee the ad department and I created this job for her to get her out of a bad job situation. She begged me for this job and immediately became demanding , hostile and belligerent to me. . Did my partner have the right to discharge her . She destroyed the morale of the company and the business was in near collapse. They new when they were hired, I was not yet a partner and that when I became a partner I worked for no income and no financial obligation to the company or their contract. Also , am I liable? the amount left on the contract is $13,338. would we have to pay them more than that if they won?
1 ANSWER
1 Award
There are no simple answers to your questions. You cannot stop her from filing a lawsuit, but if she was let go for cause and she did not complete the work, I don't see how she would be entitled to be paid. But I have not heard her side of the story, so I can't be sure what the facts will show. i would also have to review the contract she is working under to see what it says. There are many factors to be taken into account. It is not entirely clear to me from your inquiry which side of this dispute you are on, but if you want to fight it or defend a lawsuit, you or the company should seek a lawyer to thoroughly review the case and make sure your rights are protected.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Oct 12th, 2014 at 8:06 PM