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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36967
Experience:  30 years in Employment law
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I was working company until last week. I was off last

Customer Question

I was working for the company until last week. I was laid off last Friday. Now they want to hire me as a consultant for 20 hours per week @$75/hr. I need your guidance to make sure the contract is not one sided. Also the net should be not more then 5 days after submitting the invoice and I am worried about section 7.2 of the contract.Also in schedule 1, I want to make sure I get paid for any travel required by them on per hour basis and any millage, meal, lodging, airplane direct flights etc are covered which is not subjected to 20 hours per week. Pls. let me know how should I send you the copy of the contract.Thanks
Ahsan
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ray replied 10 months ago.

Hi and welcome to JA. Ray here to help you .

If you can paste it here be happy to review it, thanks.

Customer: replied 10 months ago.
I have attached the file for your review.
Expert:  Ray replied 10 months ago.

3.1Hourly Fee. Consultant will be paid an hourly

fee in the amount of $75 for Services rendered under

this Agreement during the Term.

Hours under this Agreement shall

not to exceed 20 hours under

this Agreement. Consultant shall

require written authorization from the Company representative

before working or billing any hours in excess of 20 hours under this Agreement.

COMPANY agrees to pay Consultant for any time for travel at the rate of $75 per hour and to reimburse any expenses be it mileage at IRS rates, airfare, lodging, and meals.

Something like this.

Expert:  Ray replied 10 months ago.

Delete this one from their agreement

3.4

Expenses.Incidental, sales, marketing

and travel expenses or the like

incurred by Consultant in the performance of this

Agreement shall be considered the

normal cost of doing business to be

borne by Consultant, and deemed included in Consultant’s fee and commission

compensation, unless otherwise agreed to in advance by Company in writing.

It conflicts with the amended terms I set out above.

Also this has a one year noncompete.Not sure if you signed one of these when you were an employee but this is pretty harsh for a independent contractor.Might seek to counter with six months.

Customer: replied 10 months ago.
Thank you, ***** ***** section 7.2 of the contract?
Customer: replied 10 months ago.
Sorry 7.1 and 7.2
Expert:  Ray replied 10 months ago.

They are making proprietary claims to anything you do and you agree to sign it over to them.You have to be willing to do this.As you can imagine this is totally in their favor.You don't have to sign this , negotiate here or delete it entirely.I don't know your financial situation but this is a short term one month contract but they want you to sign away your rights to any proprietary inventions and a noncompete for a year.

I don't know if you already have one but I would not agree to a year off here.Thats ridiculous to me for a one month contract.

Thanks for the follow up.

Customer: replied 10 months ago.
Thank you. I will take your guidance and follow up with them. If needed I will get back to you again.
Expert:  Ray replied 10 months ago.

You are so welcome. If you can see a positive rating it is always much appreciated.

Expert:  Ray replied 10 months ago.

Please rate so I may be paid for my time, thanks.