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I hired an editor for my doctoral dissertation work. She has

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I hired an editor for...
I hired an editor for my doctoral dissertation work.
She has the contract obligating me to pay her in the event of termination - I am guilty of not reading the contract closely, but it seems so unusual that an hourly contract worker would even have the idea that future work would be owed if I terminated - this is not a market practice and had she verbally described it to me I never would have agreed to it.,
As I worked with her it seems she may need to do this because she has a tremendously disturbed way of interacting with people. I tried to terminate three times but she would say "you do not want to do that and kept seniding the contract sand asking me to re-sign it with a an extended edit date. She suggested that I was experiencing a dissertaion experience of resistance and not a problem with her style of editing.
When I finally noticed that it was untenable to work with her (she would not respond to my requests of how I wanted the dissertation edited, she was threatening and abusive) I told her that I no longer would work with her and asked for a final bill to terminate. She then sent me an enormous bill for future revenues of what she would have made had I stayed related. I responded by saying ....



Unfortunately I do not have the old copies of her edits and my requests for her to change how she worked with me, or any record of her frequent refusals to do as I requested. I do not have the termination e-mails. All I have is her contract which states that she is entitled to the lost revenues. How do I prove that she did not perform on her hired service so that I had the right to terminate.

When the constable served me he shared his own experience that "this woman is crazy" and described her unsettling way of dealing with him. I am convinced that she is not mentally well and that she could not perform on the contract and I suspect that she has a pattern of this happening and that is why she has this unusual stipulation in the contract. Are any of my experiences and feelings legal considerations when considering the efficacy of the contract?

Finally, should I lose and the judgment be served against me and I do not have the funds to pay what happesn to me legally if I am forced to live with an unmet judgment hanging over me.
Submitted: 8 years ago.Category: Business Law
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4/1/2009
Business Lawyer: Ellen, Attorney replied 8 years ago
Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Hello,

It appears that the woman may have a difficult time prevailing in her action.

First, she was discharged for cause: "she would not respond to my requests of how I wanted the dissertation edited, she was threatening and abusive". She would not be typically entitled damages for termination for cause.

Additionally, the "enormous bill for future revenues of what she would have made had I stayed" appears to be very subjective. She has a duty to mitigate her damages by finding replacement work.

Consider bolstering your case by taking her deposition. Her "tremendously disturbed way of interacting with people" may show itself under questioning.
Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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