How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FiveStarLaw Your Own Question

FiveStarLaw
FiveStarLaw, Attorney
Category: Business Law
Satisfied Customers: 36413
Experience:  25 years of experience helping people like you.
Type Your Business Law Question Here...
FiveStarLaw is online now
A new question is answered every 9 seconds

I hired an editor for my doctoral dissertation work. She has

Resolved Question:

I hired an editor for my doctoral dissertation work.
She has the contract obligating me to pay her in the event of termination - I am guilty of not reading the contract closely, but it seems so unusual that an hourly contract worker would even have the idea that future work would be owed if I terminated - this is not a market practice and had she verbally described it to me I never would have agreed to it.,
As I worked with her it seems she may need to do this because she has a tremendously disturbed way of interacting with people. I tried to terminate three times but she would say "you do not want to do that and kept seniding the contract sand asking me to re-sign it with a an extended edit date. She suggested that I was experiencing a dissertaion experience of resistance and not a problem with her style of editing.
When I finally noticed that it was untenable to work with her (she would not respond to my requests of how I wanted the dissertation edited, she was threatening and abusive) I told her that I no longer would work with her and asked for a final bill to terminate. She then sent me an enormous bill for future revenues of what she would have made had I stayed related. I responded by saying ....



Unfortunately I do not have the old copies of her edits and my requests for her to change how she worked with me, or any record of her frequent refusals to do as I requested. I do not have the termination e-mails. All I have is her contract which states that she is entitled to the lost revenues. How do I prove that she did not perform on her hired service so that I had the right to terminate.

When the constable served me he shared his own experience that "this woman is crazy" and described her unsettling way of dealing with him. I am convinced that she is not mentally well and that she could not perform on the contract and I suspect that she has a pattern of this happening and that is why she has this unusual stipulation in the contract. Are any of my experiences and feelings legal considerations when considering the efficacy of the contract?

Finally, should I lose and the judgment be served against me and I do not have the funds to pay what happesn to me legally if I am forced to live with an unmet judgment hanging over me.
Submitted: 5 years ago.
Category: Business Law
Expert:  FiveStarLaw replied 5 years ago.
Hello,

It appears that the woman may have a difficult time prevailing in her action.

First, she was discharged for cause: "she would not respond to my requests of how I wanted the dissertation edited, she was threatening and abusive". She would not be typically entitled damages for termination for cause.

Additionally, the "enormous bill for future revenues of what she would have made had I stayed" appears to be very subjective. She has a duty to mitigate her damages by finding replacement work.

Consider bolstering your case by taking her deposition. Her "tremendously disturbed way of interacting with people" may show itself under questioning.
FiveStarLaw, Attorney
Category: Business Law
Satisfied Customers: 36413
Experience: 25 years of experience helping people like you.
FiveStarLaw and other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA