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RGMacEsq
RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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I am a Independent Contractor. I have a 2 year contract that

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I am a Independent Contractor. I have a 2 year contract that I am required to work 180 days within a 2 year period. My question is when, if ever, does my client have the right to revise the contract and require me to sign a new contract? If I do not sign a new contract then I will not be allowed to work according to my client.
Is this legal and what can I say to my client? They will probably threaten to not allow me to work again.

Here is a sample of the correspondence:
** We revised the Agreement (contract) from a 3 year agreement to 1 year. We have confirmed with legal that all IC’s must re-sign these documents every year regardless if you attended a training class or not. Based on the new requirement, your contract and schedule A have expired.
Contracts and Schedule A’s go hand in hand. If you sign a new contract you must sign a new Schedule A. I have attached a contract and schedule A for you to fill out and return to me. A few hints when filling out the contract:the date on page 1 must be the same as the date on page 15
- do not use a business name
-initials are required at the bottom of each page and additionally in the text on pages, 6, 13 and 14.

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.


 

RGMacEsq :

They can do this if the original contract is no longer operative (that is, if the time has lapsed and the original contract complete, or if either party consents to release the other) , or if the contract specifically allows the party to do this. Otherwise, I don't see how they could force you to sign another contract or terminate without repercussions. That is, if they prevent you from working under your original contract, that they signed, and that you have a copy of, and they don't have the right to do so under the terms of that contract, then you can sue for a breach of contract.


 

RGMacEsq :

Now if you don't have a signed contract, then they can do this, as any contract that is for over a year has to be in writing and signed by the party to be charged (the party that the contract is to be held against).


 

RGMacEsq :

But assuming that you have a written contract, signed by them, that doesn't give them the option to modify this term, then you can hold them to that contract.


 

RGMacEsq :

If they breach it, you should get it looked at by an attorney in your area. That being said, you need to contact an attorney in your area that deals with breach of contract cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!


 

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