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Question

I am a sub-contractor with a signed contract to preform 40 qualified demonstrations in one month. My month is up this Friday, April 17th. I have set all the appointments for the remainder of my qualified demonstrations to meet the contract. My employer told me today that because a trainer was not present during 3 of my demonstrations, I will not be paid. My contract stated that I am required to attend training for 3 days which I completed and no where on the contract does it state that I have to have a trainer with me to do a demostration. I had a trainer with me during my first few demostrations. My employer stated today that do to certian circumstances, I needed a trainier with me during this weeks demostrations. They have requested that I cancel my remaining demostrations and turn in the machine today. If I cancel and turn in the machine, will the contract still be upheld in a court if I have't completed these demonstrations?

Submitted: 205 days and 20 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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South Bend, Indiana

Already Tried:
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Posted by INFOLAWYER 205 days and 19 hours ago.

Answer

A court can find you in breach if you didnt comply with a requirement for performance but if this is a condition not raised before you should be paid for the work you did.   

205 days and 19 hours ago.

Reply

On Monday, April 13th my employer stated that I had 15 demostrations left to run to complete my contract. On Tuesday April 14th, I reported to work and was told I needed a trainer with me. The trainer went with me to 2 demostrations and told me I could do the third on my own. Today, my employer said I needed the trainer with me for the third demostration even though the trainer stated I could do it on my own. Are they in breach of contract for having the trainer tell me I could do it on my own and then the boss stating the next day I couldn't do the demostration alone and that any demostration I did by myself didn't count?

Accepted Answer

If the trainer works for them and is their agent they would be bound by his representation that he is no longer needed. They cant have it both ways.   

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Expert: INFOLAWYER
Pos. Feedback: 97.1 %
Accepts: 5967
Answered: 4/16/2009

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