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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10571
Experience:  30 years of corporate, litigation and international law
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I am a mental health care agency and I have a contractor who

Customer Question

Hello. I am a mental health care agency and I have a contractor who signed a contract with the following "Terms: The contractor agrees to commit to one year of service and complete a minimum of 12 billable hours per week with clients at Wendy Carannante
& Associates. This is to insure continuation of care of patients. " Termination section says "Termination This Agreement shall remain in effect for one year and after one year will remain in effect until (1) terminated by either party with (60) day written
notice to the other party, (2) terminated by either party for cause, or (3) terminated automatically by a provision of this Agreement. Sixty- (60) days of the agreement is considered a trial period and the Contracting Service Agency and/or Contractor can cancel
anytime. The parties shall deal with each other in good faith after any notice of termination has been given. Cause shall include violation of this Agreement or any act of exposing the other party liability to others. Sections Two, Three, Five and Nine shall
survive termination of this Agreement. The current fees of for services will be valid for a period of oneyear. If the relationship between contractor and contracting agency dissolves, the current clients are terminated or transitioned to other therapists within
Mindful Health based on best practices." The contractor after signing a 1 year commitment to begin on September 3rd has now shared that they got a better offer and they may be only able to offer one Saturday a month if that. This is in violation of their contract.
What should I do? I have already started the process of getting them in insurances and reserved a room for them and ruled out other candidates. This comes as a huge inconvenience and does not seem fair. Please advise on this issue!
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 1 year ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

Unfortunately, this situation is governed by the 60 day trial period. Since either party can terminate during that period by simple notice to the other there would be no penalty for the contractor to give notice of termination after a single day of service. I do not believe they can cancel in advance but if they worked one day they could terminate immediately. In light of this interpretation, I believe your options are limited. The best approach is to try to get a short agreement of coverage until you can find a replacement for the contractor completely or the days they will not work. I am sorry for the bad news but that is where I see you legally.

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