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Barrister, Attorney
Category: Business Law
Satisfied Customers: 33190
Experience:  15 years practicing attorney, JD, BA, MBA
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I am a physician. A new employee signed a contract -hazard

Customer Question

I am a physician. A new employee signed a contract for bio-hazard pick up and disposal. It was a three year contract. I found this out about 3 days later when I asked her did she get the information from the company. She showed me the signed contract. It was for much more that another company that we had been investigating.
I immediately called and faxed the contract back to them and told them that I did not want the services and that the person who signed was a medical assistant and was not an officer. She put medical assistant on the contract. They have not provided any services.
They want me to pay $850 as an early cancellation fee. I told them I am not buying out of a contact that I as an officer did not bind my company to honor.
I think because she identified herself as a medical assistant and not on office manager, and because they have not performed any services that the contract is null and void.
Submitted: 6 months ago.
Category: Business Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Did the employee have any legal authority to enter into contracts on your behalf?..Were they some type of office manager or other manager who had signing authority for you?.How is it that they were the one to sign for the contract instead of a manager or you?..thanksBarrister
Customer: replied 6 months ago.
No she had no authorityNo one has signing authority
What is the contract was faxed over she signed it and faxed it back. I never saw the contract until I asked her did she ever receive any information from the company
Expert:  Barrister replied 6 months ago.
Ok, then you can simply tell the company that the person who signed was not acting with any type of authority to bind you or your practice and they were simply an employee, not anyone with managerial agent power..Since she had no authority granted to her by anyone to bind you to a contract, then she can't legally do so..You can tell them that if they want to pursue the employee personally, then feel free, but you have not and will not enter into any type of contract with them..If you really wanted to drive this home, you can have a local civil attorney send them a "cease and desist" letter threatening to sue them for harassment if they contact you again about the contract and explaining that the employee had no legal authority to bind you since there was no agent/principle relationship...thanksBarrister

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