Hi, Taylor, Sorry for the delay, Didn't realize how many hours I had been online. That explains why I was seeing double, :)
Thank you for the positive reviews, we are never shown the results or comments which customers give in any random surveys they ask customers to take, so thank you for letting me know.
Thank you for straightening out the identity situation, and will Answer your last questions first
Q. Am I still under contract ?
A. You are if you want to be. As I previously stated above, they realized that Karen should not made those accusations of collusion and then terminated your contract based on her assumptions. The lawyer said you are not terminated just to protect themselves. They want you to stay on just to terminate you according to the requirements - with notice, that is how I see it. If you decide to leave them, you could do so without ay liability by notifying them in writing and saying something like,
"As you know, on May ______ , 2013, Karen told me in no uncertain terms that she terminated my contract with Acme by saying, (here, quote what she said). There can be no misunderstanding of what she meant by that) .........." etc.
That way, they cannot come back at you and say you breached the contract.
I realize that it is easier to find a job when you already have one, but that is not always the case. In addition, you hve to consider the pressure and stress you might feel working under these conditions - knowing that at any time, you could be accused of collusion based on nothing but assumptions. It's a hard decision, but only one that you can make.
Q. Advantage, disadvantage of calling the consultant you are accused of colluding with
A. If I were in your position, I would not sever any of my outside ties based on what Acme thinks. If someone in the industry knows me well enough to give me a good recommendation, I certainly would continue my association with them. You saw how easily Acme assumes the worst and you should stay in contact with the positive people in the industry. Continuing your contact with this individual is certainly NOT collusion by any stretch of the imagination, nor could it be taken as such. But narrow minded people are prone to make moronic assumptions and if I have learned anything, it's that I cannot prevent people from thinking what they want to think, nor can I prevent people from making fools of themselves,
Q. JDs should have a degree in psychology or counseling -
A. Yes, they should, especially if the JD includes domestic relations in their practice. I do a lot of domestic relations, so much so, that I qualify for a PhD. in both psychology and counseling, based on "On the job training", but also qualify as a test subject for any psychological experiment. No matter how great the settlement you get for a divorce client, they are never satisfied, it's the lawyer's fault that the marriage ended in divorce, and how dare the lawyer send a bill in the midst of all this misery you're feeling.
Now, for the other points -
Q. Do you have a actionable case against your boss ?
A. You have a cause of action for wrongful termination and possibly for defamation of character, but the issue is whether they should be pursued.
(i) Wrongful Termination - She had no right to terminate the contract based on mere assumptions, but it would turn into a long drawn out affair to prove it. However, if the company started playing games with one's reputation in the industry and their future in that industry, then it becomes a matter of necessity and principle. You could bring in the consultant to testify as to exactly what your discussions were about and prove that there was no collusion. It would be favorable to you and cast Acme in a very bad light in the industry. And, if you could prove you lost commissions, you would be entitled to damages;
(ii) Defamation of Character - If she verbally maligned you to others, it would be slander and if she made false statements in writing to others, it would be libel. The four elements of a defamation action which a Plaintiff must prove are the following:
(a) Defendant made a false statement;
(b) Defendant knew the statement was false, or made the false statement in reckless disregard of the truth;
(c) Defendant "published" the statement. "Published" means it was conveyed to a third person; and
(d) Plaintiff suffered damages to his name and reputation in the community.
1. Commissions - I am glad you took my suggestion and make a 9% commission one of your demands; it is an excellent idea and certainly well deserved and reasonable because the most difficult part is getting them to sign on with your company. The commissions should continue for future work because any way you look at it, it is your customer, you were responsible for convincing them to sign up with you, so why shouldn't you reap the rewards of your efforts;
2. Termination - I had stressed this because it is something "concrete" and something that can be proved, rather than their reasons for which they can call almost anything a "breach" or a "default"
3. Admission - This is absolutely necessary because this will prevent them from giving you a bad recommendation and if they ever thought of doing so, you will hae your copy of the contract to prove their admission. One hopes that it would not come to that, but at least you will be protected;
4. & the second No. 5. - The accounts should remain yours, and this goes withut saying;
5. Non-Compete - You made this too broad and you are limiting yourself. Let me think about the wording I would put in this paragraph and I will get back to you on that;
6. This is fine
Can you walk away and how to protect yourself - On leaving, please see my Answer to "Am I still under Contract ?"
With respect to protecting yourself, I would draft a written statement on the reason you are leaving and direct it to Karen, and the HR Department, if they have one. Just make sure that it goes into your permanent Personnel File. The statement would be the same as what I wrote in my Answer to "Am I still under Contract ?" where you give the reason, just elaborate a little more on that,
Please be kind enough to rate "Excellent Service" so that I can receive credit for researching your question and providing you with an Answer, otherwise I will not receive any credit for assisting you,
Bonus and Positive Feedback on Survey are greatly appreciated,
Thank you for allowing me the opportunity to be of service,
ps Thank you for explaining "duking" out to me. For a minute there, I thought you were going to put me in a boxing ring and duke it out with me. I can assure you that the outcome would be a KO, 10 seconds into the first round