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Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 23648
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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I am an independent contractor in the promotional products

Customer Question

I am an independent contractor in the promotional products business. I have a contract that states that I give a 60 day notice Letter of Termination. It does not say anything after that statement. I do pay for a small office cubicle a fee of $50.00 per month when I stop in there to do business. I am going to be ending my business relationship with them next week. What might I expect to happen within that 60 day time period. I do not plan on turning in any more orders from this day forward.
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Pro replied 5 years ago.
Do you have outstanding commissions or sales that they owe you for?
Customer: replied 5 years ago.

I get paid on invoice not on receipt of payment from customer. Today I should be receiving a check that will pay me on most of what is in my pipeline currently. It should leave very little.

I do have receivables that I am closely following up on and getting payment so they do not get stuck with anything. I have only been letting this company process my orders since September of 2008. We have a 50/50 split currently. I have had most of my customers that I brought with me for about 10 years. There will be absolutely no problem collecting on their invoices.

 

Please let me know if you need any further information.

Expert:  Law Pro replied 5 years ago.

They can pursue you as to the breach of contract and try to obtain a percentage of any and all business that was upcoming for the next 60 days or 60 days from when you gave them notice.

 

If you can hold back the payment from the customers and file all the new sales beyond the 60 day period - they will have no claim. This presumes that they will pursue such.

 

They cannot make you work for them - that's slavery - they only have their damages. Since the contract makes 60 days notice mandatory - just hold back sales for 60 days then they have no damages to collect upon.

Customer: replied 5 years ago.
Could you please clarify breach of contract in this case? What would constitute that?
Expert:  Law Pro replied 5 years ago.
That you didn't give them the required 60 day notice pursuant to the contract. Anything less than a 60 day notice Letter of Termination is a breach of the contract.
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 23648
Experience: 20 years experience in business law - sole proprietor, partnership, and corporations
Law Pro and 8 other Business Law Specialists are ready to help you
Expert:  Law Pro replied 5 years ago.
What more can I answer here for you on this? If you give them less that 60 days notice- your in breach of the contract.

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